ABDUL RASHID Vs. RAM DAYAL
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
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(1.)Both these appeals relate to an accident which took place on 9th Dec., 1972 at about 12.30 p.m. While Ram Dayal, the respondent, was coming from the side of the General Hospital, Bundi and was proceeding to the Collectorate Building, he was knocked down by the truck No. HRR 3077 which was being driven by Abdul Rafiq.
(2.)It was alleged that Abdul Rafiq was driving the truck No. HRR 3077 rashly and negligently. The claim was contested and the issues were framed. After recording of the evidence, the learned Tribunal was of the opinion that the truck was being driven rashly and negligently. However, the learned Tribunal awarded Rs. 10,635.00/- as compensation in favour of Ram Dayal for the injuries sustained by him on account of the rash and negligent act of the driver Abdul Rafiq who also died in this accident.
(3.)S. B. Civil Misc.Appeal Appeal No. 154/76 by M/s. Vanguard Insurance Company Limited, now merged with the New India Assurance Company Limited, and S. B. Civil Misc.Appeal Appeal No. 13/76 by Abdul Rashid and Mst. Gafoorn who are the legal representatives of the driver Abdul Rafiq; were filed before this Court.
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