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2011 Supreme(Raj) 1183

MOHAMMAD RAFIQ
R. S. R. T. C. – Appellant
Versus
Indra Devi – Respondent


Advocates Appeared
Deepak Goyal, for Appellant

RAFIQ, J.—These two appeals have been preferred by appellant RSRTC against the common award passed by the learned Motor Accident Claims Tribunal, Rajgarh, Alwar dated 5.8.2011. The claim petitions were filed in respect of death of two persons namely; Suresh Chand Saini and Pooran Mal Saini. While Suresh Chand Saini was driving the motor cycle, Pooran Mal was sitting as pillion rider. The learned Tribunal has in the claim case No.75/2010 filed by the claimants for the death of Pooran Mal has awarded a sum of Rs.5,27,000 as compensation and in claim petition No.76/2010 filed by the claimants for the death of Suresh Chand has awarded Rs.5,32,000/-.

2. Shri Deepak Goyal, learned counsel for the appellant has made two fold submissions. His first submission is that deceased were riding the motor cycle without helmet. They died due to their own negligence as they were driving the motor cycle at a very high speed and did not slow down at the speed breaker and due to jump that occurred on account of speed traffic, they fell down and died on their own death. It has been denied that the accident has taken place due to the bus of the appellant. Learned counsel in order to bring all these points




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