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1972 Supreme(Raj) 259

B.P.BERI, M.L.JOSHI
Fateh Lal – Appellant
Versus
Smt. Kalawati – Respondent


JUDGMENT

1. - By its order dated the 20th of July, 1968 the Motor Accidents Claims Tribunal, Ajmer (hereinafter called "the Tribunal") rejected the claim in both the appeals beating Nos. 93 and 94 of 1966 on the ground that the accident bad taken place prior to the constitution of the Tribunal and was, therefore, not capable of being taken cognizance of by it. These two appeals raise an identical point and are therefore being disposed of by this judgment,

2. Succinctly stated the circumstances which proceeds the two appeals, are these: In between the night of 5th and 6th June, 1964 a bus bearing No. RJY 2035 was proceeding from Ajmer to Udaipur carrying petitioners Fatehlal and Mohanswaroop, the two claimants, amongst other passengers. From the opposite direction a truck bearing No. RJZ 2190 came and collided with the bus aforesaid, causing injuries to the right hand of petitioner Fatehlal and on the right elbow of petitioner Mohanswaroop Fatehlal and Mohanswaroop presented two claim petitions on 24-5-1965, each claiming Rs. 21,000/- before the Motor Accidents Claims Tribunal at Ajmer, The claims were hotly contested by the widow of the owner of the truck RJZ 2190 and including the
































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