GYAN PRAKASH BHARGAVA Vs. BABOO LAL AND ANR.
HIGH COURT OF RAJASTHAN
Gyan Prakash Bhargava
Baboo Lal And Anr.
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Guman Mal Lodha, J. -
(1.)THESE two cross -appeals arise out of the common award passed by the Motor Accidents Claims Tribunal, Jaipur in the case of Gyan Prakash Bhargava.
(2.)BRIEFLY stated, facets giving rise to this claim are that on 19.11.1978 at about 11.45 a.m., accident to car No. RJZ 6970 owned by Mrs. S.R. Srivastava, another claimant in Motor Accidents Claims Tribunal's Case No. 31 of 1979, who has not filed any appeal, took place. The claimant Gyan Prakash Bhargava was driving the said car which was dashed by the bus No. RSG 681, owned by the Rajasthan State Road Transport Corporation, Jaipur and driven rashly and negligently by the driver, namely, Baboolal. As a result of this accident, according to the claimant Gyan Prakash, his right hand got fractured.
On account of the impact of the accident the said car which belonged to Mrs. S.R. Srivastava was also damaged. As such, Mrs. S.R. Srivastava also filed a claim petition for damage caused to the said car, in addition to the claim petition filed by Gyan Prakash Bhargava claiming compensation of Rs. 1,18,000/ - from the owner and driver of the aforesaid bus.
(3.)BOTH the claim petitions, i.e. No. 30 of 1979 of Gyan Prakash and No. 31 of 1979 of Mrs. S.R. Srivastava Were consolidated and were disposed of by a common judgment dated the 8th July, 1981, whereby the claim petition No. 31 of 1979 was disallowed for the reason of claimant having received the amount of damages from the insurance company.
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