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2017 Supreme(Raj) 1888

ARUN BHANSALI
Pushkar Lal – Appellant
Versus
Ramesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.S. Mankad
For the Respondent: Mr. G.S. Rathore
For the Insurance Company : Mr. Mukul Singh

JUDGMENT :

Arun Bhansali, J.

These appeals are directed against the judgment and award dated 20.3.2014 passed by the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal at Dungarpur') and judgment and award dated 3.2.2015 passed by the Motor Accident Claims Tribunal (I), Udaipur ('the Tribunal at Udaipur').

2. While the appeals being S.B. Civil Misc. Appeal Nos. 814/2015 and 818/2015 have been filed by the driver and owner against judgment and award dated 3.2.2015, appeals being S.B. Civil Misc. Appeal Nos. 1071/2014 and 1072/2014 have been filed by the claimants against the judgment and award dated 20.3.2014.

3. Both the awards pertain to an accident, which took place on 18.3.2011 when claimant-Shankar along with Amritlal, Govind Kumar and Sanjay were travelling in bus RJ-09/PA-2566 from Broda to their village.

4. It was claimed that as the bus did not have sufficient seats, the driver and conductor of the bus after charging fare from the said passengers, asked them to sit on the roof top of the bus and while on the way when the bus was being driven rashly and negligently, at about 11:00 p.m., the passengers sitting on the roof top, struck a over bridge when the bus was crossing t































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