GUJARAT HIGH COURT
H.M. Thaker, J
Prataprai Arjandas Dhameja and Another v. Bhupatsing Gagji (deceased by L.Rs.) and Others
6. The legal representatives of the three unfortunate victims of the accident filed Claim Applications Nos.13, 15 and 17 of 1975 in the Claims Tribunal at Jamnagar. All of them contended in their Claim Applications that the driver of the public carrier was solely responsible for the accident. They, therefore, claimed compensation from the driver, owner and insurer of the said public carrier. At the same time the Company as the owner of the car and its insurer were impleaded as parties to the Claim Applications filed by the legal representatives of Mr. Shroff and Mr. Pujari. The Tribunal came to the conclusion that the accident occurred because of want of care and caution on the part of the driver of the public carrier. It, therefore, held the driver, owner and insurer of the said public carrier liable in damages to the legal representatives of the three victims of the accident. The Tribunal awarded a sum of Rs.36,400/- with six per cent interest from the date of the Claim Application and proportionate costs to the legal representatives or dependants of the deceased driver Bhupatsing. It awarded a sum of Rs.2,20,000/- with six percent interest from the date of the Claim Application
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