A.M.KAPADIA, GOPAL KRISHAN VYAS
New India Assurance – Appellant
Versus
Dhanna – Respondent
2. Brief facts stated in the claim petitions filed by respective claimant-respondents are that on 31.05.1979 truck No.GTY 4126, owned by Suresh Nathuram Agrawal (respondent No.3) and insured by appellant was bringing cement from Kandla to Banswara and said vehicle was driven by driver Laxman. Injured Radha Kishan, Nanu Ram, Girdhari and Kamla and deceased Laxman, Gangaram and Bherunath boarded it at the bus stand of the village Mangana along with their baskets of fish after paying their fare and also the freight of the baskets. Deceased Virendra Kumar was khalasi in the truck. While the said truck was passing through Chanduji-ka-Ghata (P.S. Loharia), it fell down in a ditch. As a result thereof, aforesaid persons re
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