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2019 Supreme(Raj) 602

PUSHPENDRA SINGH BHATI
Baksha Ram – Appellant
Versus
Ladu Singh – Respondent


Advocates Appeared:
For the Appellant : Rajesh Panwar
For the Respondents: J. Gehlot and Jagdish Vyas

JUDGMENT :

Pushpendra Singh Bhati, J.

1. All the four appeals are arising out of the same judgment rendered by the Motor Accident Claims Tribunal, Sojat, Pali on 18.4.2002 while dealing with the particular accident which occurred on 11.5.1998 at about 9.45. p.m. on Nimaj Asarlai Road.

2. In the accident one motor-cycle bearing Number RJ 22 M116 was driven by Baksharam and Om Prakash which was struck by a jeep being driven by Ladu Singh bearing number RJ 19 C 814 in which Baksharam and Om Prakash received injuries.

3. The FIR was lodged at Reserve Centre, Jaitaran bearing No. 139/1998 and after investigation, a challan was also filed against Ladu Singh driver under Sections 279, 337 and 338 of IPC.

4. The first CMA No. 626/2002 is by Baksha Ram for enhancement as well as on account of the aspect of the appellant not having any contributory negligence.

5. The Second CMA No. 632/2002 filed by Om Prakash is also on the same lines.

6. The Third CMA No. 745/2002 and fourth CMA No. 751/2002 are filed by Ladu Singh, who is the driver and owner of the jeep for which learned counsel makes submissions of pay and recovery and negligence of the motor-cycle driver.

7. Learned counsel Mr. Rajesh Panwar r

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