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1994 Supreme(P&H) 876

G.S.SINGHVI
Rawat Singh – Appellant
Versus
Sube Singh – Respondent


Judgment

G.S.Singhvi, J.

1. This appeal is directed against the award dated 31.7.89 passed by the Motor Accident Claims Tribunal, Narnaul, whereby the Tribunal has held that the accident in which Omvir Singh died had not been caused due to rash and negligent driving of bus No. HYM-2517 by respondent No. 1 and, therefore, no compensation was payable to the claimants of the deceased under Section 110-A of the Motor Vehicles Act, 1939 (for short the Act)- At the same time, the Tribunal awarded a sum of Rs. 15,000/- under no fault liability clause incorporated in section 92-A of the Act.

2. First argument of Shri Mittal learned counsel appearing for the claimants, is that the Tribunal has committed a serious errors in deciding issue No. 1 regarding rash and negligent driving of the bus. Shri Mittal argued that the evidence produced by the claimants was sufficient for holding that the Vicky on which the deceased Omvir Singh was riding had been struck by the bus because it was being driven by respondent No. 1 at a great speed. Shri Mittal argued that the finding of the learned Tribunal to the effect that the Vicky driver was coming to the main road from the approach road and, therefore, i



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