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1968 Supreme(MP) 158

V.R.NEWASKAR, G.L.OZA
KASTURILAL GOPALDAS – Appellant
Versus
PRABHAKAR MARTAND PATKI – Respondent


Advocates Appeared:
K.A.Chitale, S.M.JHAVER

G. L. OZA, J.

( 1 ) THIS is an appeal against an order passed by the Claims Tribunal, Indore, awarding compensation in respect of the death of one Anilkumar, the eldest son of respondent No. 1, in a motor accident. This appeal is filed by the two appellants, one being the owner of the truck with which the accident occurred and the other the insurance company with which the said vehicle was insured. The driver of the truck has been joined as respondent No. 2.

( 2 ) THE applicant-respondent No. 1 filed an application before the Claims Tribunal, indore, alleging that on 30th May 1963, at about 6. 30 P. M. , his son Anilkumar, aged 13 years, was going on a bicycle from east to west on the road which runs on the southern side of Pagnis-Paiga Municipal Garden, Indore, Truck No. MPE 6888, which was then being driven by the respondent-Shantilal alias Sampatlal, came from the south and was moving towards the north on the road which meets the road on which Anilkumar was proceeding. When at the cross-roads Anilkumar, on his bicycle, had hardly entered the crossing to turn towards the south that he met with an accident by the aforesaid truck. The front bumper of the truck struck anilkumar down



































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