1989 Supreme(Raj) 193
M.C.JAIN
National Insurance Co. – Appellant
Versus
Dakhi – Respondent
Advocates Appeared:
P.K. Bharisali, for Appellant; N.P. Gupta, for Respondents No. 1 to 6; S. Shreemali, for Respondent
MILAP CHANDRA, J.—The appeal No. 90/85 has been filed by the Insurance Company and the Appeal No. 97/85 has been filed by the owner of the vehicle under section 110-D, Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against the award passed by the Motor Accident Claims Tribunal Bhilwara dated February 2, 1985 in MACT case No. 38/82. The facts of the case giving rise to these appeals may be summarised thus. The respondents No. 1 to 6 (in both the appeals) filed a petition under section 110-A of the Act for claiming compensation to the tune of Rs 1,10,000/- with the allegations, in short, that on September 25, 1975 at about 11.30 a.m. bus bearing No. RSL 3301 was coming from village Kodimal to village Asind, it was being driven by its driver Mustaq (respondent No. 11) rashly and negligently, as a result thereof, it collided with Sobha Ram who was going on foot on his right side of the road and further collided with the wall of the agricultural field of Shri Mustaq Ahmed, Advocate. Sobharam was caught & carried at a distance of 15-20 ft. by the front portion of the bus. As a result of the injuries, he died on the spot. He was earning Rs. 12,000/- per year from the agricu
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