REGENT COMPUTRONICS PVT. LTD.

FIZABAI Appellant

V/S

NEMICHAND Respondents

Referred Judgements :-

BAKER V. BOLTON [REFERRED TO]
FLINT V. LOVELL [REFERRED TO]
BEST V. SAMUEL FOX [REFERRED TO]
DAVIES V. POWELL [REFERRED TO]
ROSE V. FORD [REFERRED TO]
GENERAL INSURANCE CO. V. CHUNI LAL [REFERRED TO]
NISAR FATIMA V. M.P.S.R.T.C. [RELIED ON]
LATABAI V. RAJENDRA [REFERRED TO]
D. BHAGAYAMMA V. STATE OF KARNATAKA [REFERRED TO]
MUNICIPAL CORPORATION,DELHI V. SOHAG WANTI [REFERRED TO]
KASHIMIRAN MATHUR V. RAJENDRA SINGH [REFERRED TO]
VARADAMMA V. H. MALLAPPA GOWDA [REFERRED TO]
GOBALD MOTOR SERVICE LIMITED VS. R M K VELUSWAMI [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION AHMEDABAD VS. RAMANBHAI PRABHATBHAI [REFERRED TO]
K NARAYANA REDDIAR VS. P VENUGOPALA REDDIAR [REFERRED TO]
POLAVARAPU SOMARAJYAM VS. ANDHRA PRADESH ROAD TRANSPORT CORPORATION HYDERABAD [REFERRED TO]
SHANKER RAO VS. BABULAL FOUZDAR [REFERRED TO]
STATE VS. ASHADEVI [FOLLWED ON : 1988 MPLJ 346 (FOLL.) 6]
BISARTI BAI VS. MADHYA PRADESH STATE ROAD TRANS CORPN [REFERRED TO]
ABDULKADAR EBRAHIM SURA VS. KASHINATH MORESHWAR CHANDANI [REFERRED TO]

JUDGEMENT

(1.) This is an appeal by claimants from an award of Motor Accidents Claims Tribunal, (for short Tribunal) dismissing their claim.

(2.) On 1/05/1983, in the early morning hours around 5 a.m., a motor accident had taken place at Sheopurkalan road, in which one Asgar Ali, aged 45 years, was crushed on both of his legs and died on the following day in a hospital of those injuries. The vehicle in question was truck No. MPW 9961 driven at that time by one Shyam Sharma (respondent No. 2 herein and owned by one Nemichand (respondent No. 1 herein), which was insured with National Insurance Company (respondent No. 3 herein).

(3.) The case of the claimants appellants, who are widow and children of the deceased, to the effect that accident occurred because of negligent driving of truck by the driver, was disbelieved by the claims Tribunal. On the other hand, the Tribunal accepted the version of the opposite parties that the deceased had committed suicide by laying himself under the moving truck. The Tribunal however gave finding even on the quantum of compensation in the event of claimants succeeding. The Tribunal held that the claimants would be entitled to a total compensation of Rs. 52000/-. The claim was, however, dismissed on the finding already noticed that there was no negligence on the part of the driver and the accident occurred because the deceased wanted to commit suicide.

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FIZABAI Vs. NEMICHAND

Referred Judgements :-

JUDGEMENT

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