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1982 Supreme(MP) 540

R.K.VIJAYWARGIYA, G.G.SOHANI
National Insurance Company Ltd. – Appellant
Versus
Pushpa Kunwar – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.K. Samdani, Adv.
For Respondents/Defendant: Y.I. Mehta, Adv.

JUDGMENT

R.K. Vijayvargiya, J.

1. This appeal under Section 110-D of Motor Vehicles Act is directed against the award dated 14.6.1976 passed by the learned Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 8 of 1972.

2. The facts giving rise to this appeal briefly stated are as follows:--Aliyarbeg s/o Nabinoorbeg was the registered owner of motor truck No. MPO-2958. Respondent Nos. 6(a) Yasinkhan and 6(b) Gullukhan are his legal representatives. According to the claimants the said truck was being used for carrying stolen timber from the forest. On 20.12.1971 at about 10 p.m. when Respondent No. 7 was driving the said truck and the stolen timber was being carried, the deceased Ramendrasingh, who was the Forest Ranger, chased the truck on his motor cycle. Ramendrasingh wanted to overtake the motor truck. He gave the required light signal and proceeded ahead. The Respondent No. 7 Majidkhan who was driving the truck first gave side and when the deceased was in the act of overtaking and crossing the truck he steered it in a rash and negligent manner, so that the back portion of the truck dashed against the motor cycle. The result was that the deceased fell down and di





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