S.K.CHAWLA, S.K.DUBEY
FIZABAI – Appellant
Versus
NEMICHAND – Respondent
( 2 ) ON 1/05/1983, in the early morning hours around 5 a. m. , a motor accident had taken place at Sheopurkalan road, in which one Asgar Ali, aged 45 years, was crushed on both of his legs and died on the following day in a hospital of those injuries. The vehicle in question was truck No. MPW 9961 driven at that time by one Shyam Sharma (respondent No. 2 herein and owned by one Nemichand (respondent No. 1 herein), which was insured with National Insurance Company (respondent No. 3 herein ).
( 3 ) THE case of the claimants appellants, who are widow and children of the deceased, to the effect that accident occurred because of negligent driving of truck by the driver, was disbelieved by the claims Tribunal. On the other hand, the Tribunal accepted the version of the opposite parties that the deceased had committed suicide by laying himself under the moving truck. The Tribunal however gave finding even on the quantum of compensation in the event of claimants succeeding. The Tribunal held that the claimants would be entitled to a total compensation of Rs.
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