MUTHARA DEVI & ORS. Vs. DALE KHAN & ORS.
LAWS(RAJ)-2014-6-28
HIGH COURT OF RAJASTHAN
Decided on June 23,2014

Muthara Devi And Ors. Appellant
VERSUS
Dale Khan And Ors. Respondents

JUDGEMENT

SANDEEP MEHTA,J. - (1.) The instant enhancement appeal has been preferred by the appellants claimants against the judgment cum award dated 21.2.2000 passed by the learned Motor Accident Claims Tribunal, Jodhpur in MAC No. 7/1990 (114/95) whereby the learned Tribunal partly accepted the claim application filed by the claimants and awarded them compensation to the tune of Rs. 1,16,000 on account of death of Shri Amra Ram.
(2.) Facts in brief are that Amra Ram the son of the appellant No. 1 and brother of appellants No. 2 and 3 met with a fatal accident while travelling in a truck bearing registration No. RSN5042 owned by Narayan Ram, driven by Dale Khan and insured by the National Insurance Company Limited, the truck whilst going from Jodhpur to Balotra, collided with another truck bearing registration NO.GTY4080, which was allegedly parked in the middle of the road. Amra Ram received injuries in the collision and expired while undergoing treatment at the M.G. Hospital, Jodhpur.
(3.) The claimants filed and application under Section 166 of the Motor Vehicles Act impleading the owner, driver and insurer of the Truck No. RSN5042 in which Amra Ram was sitting as well as the owner and driver of the Truck No. GTY4080 with which the collision happened, leading contributory negligence of the drivers of both the vehicles involved in the accident.;


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