AZIMULLA KHAN Vs. SHANTI DEVI
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
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(1.)Yet another fatal accident of wrong legal advice has proved fatal to claimants, depriving compensation.
(2.)This appeal filed under S.110-D of the Motor Vehicles Act, 1939, against the judgment dated the 2nd April, 1980 passed by Motor Accident Claims Tribunal, Bharatpur holding that the applicant/appellant is entitled to get Rs.23,700/- as compensation but, dismissed the application for compensation on the ground of petition being barred by limitation.
(3.)The bus No. MPA 3760 started for going to Khwaja Chisti's Dargah, Ajmer on 20th July, 1974 and reached Ajmer on 24th July, 1974. While returning from Ajmer, when the said bus, on 28th July, 1974 at about 11 a.m. was in between Mahwa and Bharatpur, truck No. USM 7075 of Harnamdas Chawla, the respondent No. 3, came from opposite side rashly and speedily, and collided (with) each other while crossing. The appellant was sitting in the said (sic) resting on the window. On account of the collision of truck No. USN (USM?) 7055 which was being driven by Bharatlal, the respondent No. 5, negligently, insured with the New India Insurance Company, Bareilly, with bus No. MPA 3760 belonging to the respondent No. 1, driven by the respondent No. 2; the right hand of the appellant was crushed and had to be amputated having received collar bone fracture and had to undergo a prolonged treatment.
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