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2000 Supreme(Del) 220

B.K.RAMAMOORTHY
SHAKUNTIA GARG – Appellant
Versus
MEGH RAJ – Respondent


Advocates Appeared:
S.C.SHARDA, Satinder Verma, SAVITA KASNA, V.P.Chaudhary

K. RAMAMOORTHY, J.

( 1 ) FAO. 352/80 is appeal by the claimants and FAO. 353/80 is appeal by theinsurance Company. The claimants filed the petition u/s 110-A of the Motor Vehiclesact, 1939 claiming a sum of Rs. 6 lakhs on the death of 35 years old man on8. 10. 1971 at about 2. 15 P. M. on the Ring Road, Near Defence Colony. The Tribunalgranted a sum of Rs. 60,868. 00 towards compensation with interest at 6% per annumfrom the date of the petition by order dated 30. 4. 1980. The following issues wereframed by the Tribunal:-

"1. Whether G. D. Garg sustained fatall injuries due to rash and negligentdriving of truck No. DLL5127 on the part of the respondent No. l as alleged?

2. Whether the petitioners are the legal representatives of the deceased?

3. Whether the accident occurred due to negligence of the deceased as,alleged in the written statement?

4. To what amount of compensation, if any, is the petitioner entitled?

5. Relief. "

( 2 ) ON issues No. 1 and 3, the Tribunal held:-

"for the foregoing reasons I have no difficulty in arriving at the irresistibleconclusion that the accident took place on account of rash and negligentdriving of the Oil tanker on the part of respondent No. l and no n



















































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