R.C.SHRIVASTAVA, U.N.BHACHAWAT
Mahila Phoolvati – Appellant
Versus
Girdharilal – Respondent
U.N. Bhachawat, J.
1. This judgment shall also govern the disposal of Misc. Appeal (s) Nos. 59, 60, 44, 45, 51 and 52 of 1972.
2. All these companion appeals arise out of the award (hereinafter referred to as judgment as the Tribunal has entitled it as judgment) of the Motor Accidents Claims Tribunal dated the 15th March, 1972. The Misc. Appeal(s) Nos. 58, 44 and 52 of 1972 arise out of claim case No. 10 of 1970 ; Misc. Appeal (s) Nos. 59, 45 and 51 of 1972 arise out of claim case No. 11 of 1970 and Misc. Appeal No. 60/72 arises out of claim case No. 9 of 1970. All the three claim cases relate to one and the same accident.
3. The accident giving rise to the claim cases took place on 26th of April, 1968 at 6.30 a.m. on the Agra-Bombay road near Noorabad hillock. In this accident, two motor vehicles were involved-- One public goods carrier Truck No. MPG 8385 and another an Ambassador car MPB 8100. Girdharilal (Appellant herein in Misc. Appeal (s) Nos. 44/72 and 45/72 Respondent in the other appeals and non-Applicant before the Tribunal (hereinafter referred to as 'the owner') is the owner of the truck. Bhaiyalal (Appellant No. 2 herein in Misc. Appeal (s) No. 44/72, Respondent N
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