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2008 Supreme(Raj) 1850

MANAK MOHTA
Fattu Devi – Appellant
Versus
Bhinya Ram – Respondent


Advocates:
For the Appellants:Roshan Lal, Advocate.
For the Respondent Nos. 2 and 3:M.L. Khatri, Advocate.
For the Respondent No. 5:Manoj Bhandari, Advocate.
For the Respondent No. 6:R.K. Mehta, Advocate.

JUDGMENT

1. - These two appeals have been filed by the claimant-appellants against the common judgment and Award dated 23.7.1996 passed by the learned Motor Accident Claims Tribunal, Barmer (in short 'the Tribunal') in claim petition No.9/93 filed by Moti Singh and Smt. Pura parents of deceased-Khema Ram and claim petition No.10/93 filed by Smt. Fattu widow of deceased-Girdhari Ram and others, by which both the claim petitions were dismissed.

2. In short the facts of the case as revealed from the record are that 17.4.1991 vehicle No.RJC-4377 was being driven by its driver(deceased)-Girdhari Ram, who whilst going alongwith cleaner (deceased) Khema Ram on National Highway No.15 at about 7.30 'O clock in the morning when reached near 'Rudu Baba Ki Jhumpi' (13 Kms before Sindhari), at that time, truck No.GJ-9T-4170, which was being driven by Inder Singh (non-petitioner No.3) in a rash and negligent manner and at a high speed, collided with truck No.RJC-4377, as a result of which, Girdhari Ram (driver) and Khema Ram (cleaner) died in the accident. A report of the accident was lodged with the concerned Police Station and a criminal case No.39/91 for the offence under Sections 304-A, 279 a























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