ABDUL HAKIM AND ORS. Vs. PARAS MAL AND ORS.
HIGH COURT OF RAJASTHAN
Abdul Hakim And Ors.
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G.M. Lodha, J. -
(1.)THIS is a claimants' appeal under Section 110 -D of the Motor Vehicles Act against the judgment dated May 29, 1980 of the Motor Accidents Claims Tribunal, Tonk in Motor Accident Claim No 101 of 1977.
(2.)CLAIMANT Abdul Hakim is the father of deceased Pyarey Miyan, who died on account of the accident while sitting in his own truck No. RJH 685 on the night intervening 16th and 17th May, 1977. This truck loaded with sand and logs was going from Tonk to Kota. Mohammed Yusuf was driving this truck. When this truck passed Naya Gaon on Tonk -Deoli road, suddenly another truck No. RSG 179 driven by Respondent No. 3 crossed the truck. The claimant's case is that this truck RSG 179 was being driven rashly and negligently and it struck the former truck by the side by rubbing its body. The impact of this accident resulted in head injury to Pyarey Miyan, who was sitting above. He was taken to the hospital at Tonk, but he succumbed to injuries and was declared dead.
In this case the very existence of truck No. RSG 179 on the site of the accident is denied and it is pleaded that this number has been falsely mentioned after the accident and the F.I.R. has been ante -dated.
(3.)THE Tribunal on appreciation of evidence has found that the defence was correct and truck No. RSG 179 was not identified on the spot but by ante -dating the F.I.R. this number was introduced later on.
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