SMT. BISHMILLA W/O SH. MASAN BUX SILAWAT MUSALMAN Vs. WAHIDUDDIN SON OF SH. RAHIM BUX
LAWS(RAJ)-2017-7-207
HIGH COURT OF RAJASTHAN
Decided on July 27,2017

Smt. Bishmilla W/O Sh. Masan Bux Silawat Musalman Appellant
VERSUS
Wahiduddin Son Of Sh. Rahim Bux Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) These appeals have been filed by the claimants aggrieved against the judgment and award dated 30.9.1999, passed by the Motor Accident Claims Tribunal, Rajasmand ('the Tribunal'), whereby, the Tribunal has awarded different sums to the claimants - Smt. Bishmilla and Smt. Bilkish for the injuries suffered by them, Amjad Mohd. for death of Smt. Rajiya Begum and has rejected the claim of Moinuddin for death of Smt. Mumtaz and has exonerated the Insurance Company from payment of compensation.
(2.) Applications were filed by the claimants, inter alia, with the averments that on 11.3.1995 at about 9.30 a.m. they were traveling in jeep RJ-30-C-390, which was being driven by Wahiduddin, rashly and negligently, which turned turtle resulting in injuries to the occupants of the jeep to which, Smt. Rajiya Begum and Smt. Mumtaz succumbed. Various amounts of compensation were claimed for the death of Smt. Rajiya Begum and Smt. Mumtaz and for the injuries suffered by the claimants.
(3.) It was also claimed that the owner of the vehicle being Ikramuddin and vehicle in question being insured with the Insurance Company, they were liable to make payment of amount of compensation. Though initially appearance was made by the owner and driver of the vehicle, on counsel pleading no instructions, the matters were proceeded ex-parte against the owner and driver of the vehicle.;


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