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1982 Supreme(All) 642

K.N.SINGH, K.M.DAYAL
ABDUL RAZZAK – Appellant
Versus
. SHARIFUNNISA – Respondent


K. N. SINGH, J.

( 1 ) THIS appeal under Section 110d of the Motor Vehicles Act, 1939, is directed against the award of the Motor Accidents Claims Tribunal, Fatehpur, awarding a sum of Rs. 26,400 as compensation to the respondent-claimants.

( 2 ) MOHAMMAD Ibrahim and Mohammad Nasir hired a public carrier bearing registration No. USF 4322 which was owned by Abdul Razzak, appellant, and insured with New India Insurance company, respondent No. 7, for carrying onions from a village in District Fatehpur to Kanpur. After loading the onions into the vehicle, Mohd. Ibrahim and Mohd. Nasir who were, co-owners of the goods, boarded the public carrier along with Saeed and Majid in the drivers cabin along with the owner who was driving the vehicle. At about 3. 30 a. m. on May 3, 1975, the truck capsized at a place four furlongs to the west of village Malwan on the Grand Trunk Road. The left side of the vehicle fell on the road and the right side went upwards. The left side window of the vehicle got opened and Majid and Nasir were thrown out, and Nasir was crushed under the vehicle and he died instantaneously.

( 3 ) SMT. Sharif-in-Nisa widow of Mohd. Nasir, and three minor daughters and two mino


































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