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1967 Supreme(MP) 75

Shivdayal, S.P.Bhargava
Manjula Devi Bhuta – Appellant
Versus
Manjushri Raha – Respondent


Advocates Appeared:
P.L. Dubey and R.K. Tankha for appellants in different appeals;
R.S. Dabir, R.K. Pandey, T.C. Naik, K.P. Dey and R.K. Verma for respondents in different appeals.

JUDGMENT

Shivdayal, J.

1. In a collision between the M.P. Speedways Bus No. M.P.G. 4307 and the Bhuta Bus Service Passenger Bus No. M.P.G.4615, Satyendra Nath Raha and Uma Shanker Shastri, both of whom were travelling in the former were killed. The Speedways Bus was going from Bhind to Gwalior. The Bhuta Bus was running in the opposite direction. The accident occurred on 10th April 1962 at about 11 a.m. near village Bidkhadi on the Gwalior-Bhind road.

2. The defendants of Raha (Smt. Manjusri Raha and two others) lodged before the Claims Tribunal a claim under section 110-A of the Motor Vehicles Act (hereinafter called the Act) for Rs.3,00,000 against Smt. Manjula Devi Bhuta, the proprietor; Sushil Kumar, the driver; and Oriental Fire and General Assurance Co. Ltd., the insurer of the Bhuta Bus and also against B.L. Gupta, the owner; Ram Swaroop, the driver; and the New India Insurance Co., the insurer of the Speedways Bus. The dependents of Shastri (Padmavati and others) likewise filed a claim for Rs.1,20,000 against the aforesaid proprietors, drivers and insurers of the two buses. As both the claims arose from the same accident, they were tried together by Shri D.B. Pawdey, 1st Addit




























































































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