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1988 Supreme(Del) 341

S.B.WAD
DELHI TRANSPORT CORPORATION – Appellant
Versus
RATTAN CHAND – Respondent


Advocates Appeared:
J.N.AGARWAL, O.P.GOYAL, S.K.Paul, Salil Paul

S. B. Wad, J.

( 1 ) THE accident took place on 29. 9. 1967. The Tribunal has found on evidence that the two vehicles DLK 1348 and DLP 1096 were responsible for the accident and the eventual death of Harish Pal. The Tribunal has awarded a sum of Rs. 18,000. 00 as compensation. The claim was preferred by the father, the mother and the grandfather of the deceased. The mother and the grandfather have died during the pendency of this appeal. The father is alive and is 77 years old. I have been taken through the evidence and I am satisfied with the Tribunal s finding that both the vehicles mentioned were responsible for causing the accident. I also agree with the Tribunal that the liability of the two vehicles would be half and half. Vehicle No. DLK 1548 was insured with the Commonwealth Assurance Co. Ltd. , now known as New India Assurance Co. Ltd.

( 2 ) THE D. T. C. , to whom vehicle No. DLP 10% belonged, has filed the present appeal, diswning their responsibility in the matter. I am satisfied with the evidence on record that vehicle No. DLP 1096 was one of the offending vehicles causing the vital accident in this case. The appeal of the D. T. C. is, therefore, rejected.

( 3 ) THERE


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