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2001 Supreme(Raj) 1737

H.R.PANWAR
Chandi – Appellant
Versus
Ramchandra – Respondent


Advocates:
For the Appellant:Mr. B.M. Bhojak, Advocate.
For the Respondent No. 2:Mr. T.S. Champawat, Advocate.
For the Respondent No. 3:Mr. B.S. Bhati, Advocate.

JUDGMENT

1. This appeal is directed against the judgment and award dated 13.9.1995 passed by Motor Accidents Claims Tribunal, Bhilwara (hereinafter referred to as the Tribunal'), whereby the learned Tribunal awarded a sum of Rs. 1,11,000/- as compensation against the respondents No. 1 and 2, the owner and driver of the vehicle involved in the accident jointly and severally and dismissed the claim against respondent No. 3 National Insurance Company Ltd.

2. Being aggrieved and dissatisfied by the award Impugned, the appellant-claimants (hereinafter referred to as 'the claimants') came in appeal o before this Court.

3. Brief facts of the case which are necessary for the decision of this appeal are that; the claimants filed a claim petitioner before the Tribunal for compensation of Rs. 19,91,500/-. The cese of the claimants as set up before the Tribunal is that on 24.4.1992 at about 3.00 p.m., deceased Devi Lal was walking by the side of rocky way, at that relevant time, a tractor bearing No. RJ06/R-0119 which was driven rashly and negligently by its driver respondent No. 2 Gulab Raigor, suddenly went over the rock and turned turtle and fell on this, the deceased Devi Lal who was walking





















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