1985 Supreme(Raj) 76
S.S.BYAS
Makbool Ahmed – Appellant
Versus
Bhura Lal – Respondent
Advocates Appeared:
H.M. Parakh, for Bhuralal & others; S.R. Bhandari, for Respondents No. 1 to 3; P.K. Bhansali, for Insurance Company.
S.S. BYAS, J. — Since both these appeals under section 110-D of the Motor Vehicles Act, 1939 (the Act hereinafter) arise out of one and the same award of the Claims Tribunal, Bhilwara dated October 16, 1979, they were heard together and are decided by a single judgment. By the award aforesaid, the Tribunal directed the owner, driver, conductor and the insurer of the bus to pay a sum of Rs. 32,220/- to the claimants. The liability of the insurer for the pay-ment of compensation was restricted to the statutory one of Rs. 5,000/-. The claimants are the parents and widow of the deceased-victim Mustaq Ahmed. They presented a joint application under sec. 110-A of the Act before the Tribunal claiming a sum of Rs. 80,000/- as compensation. The case set-up by them is that the deceased Mustaq Ahmed used to live with them in the town of Pur situate not far from the city of Bhilwara. There was a regular city-bus-service plying between Pur and Bhilwara. Mustaq Ahmed was a student of First Year Commerce in the Government College, Bhilwara and used to come from Pur to Bhilwara in the city bus to attend the college. Around 9.15 A.M. on February 19, 1977, Mustaq Ahmed came to the bus stand at Pur t
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