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1985 Supreme(Del) 153

S.B.WAD
SAGAR CHAND PHOOL CHAND JAIN – Appellant
Versus
SANTOSH GUPTA – Respondent


Advocates Appeared:
B.R.SABHARWAL, M.M.Sudan, O.P.GOYAL, Sunita Vasudeva, Y.K.SABHARVAL

S. B. Wad, J.

( 1 ) DECEASED Manohar Lal Gupta was a contractor and general order supplier. He was also running tea shop. He was travelling in a car bearing No. DLJ-3675. The car was driven by respondent No. 1, Kartar Singh in the claimant s petitioner in the course of his employment with M/s. Sagar Chand Phool Chand Jain, Respondent No. 2. The car was going from Najafgarh towards village Nivada. Manohar Lal Gupta was sitting on the rear seat. Two other persons, Shri Tek Chand and Shri Preet were sitting on the front seat with the driver-respondent No. 1. It is found by the Tribunal that the driver was driving at a very high speed and in a reckless manner and while approaching Kakrola bridge hit into the drums on the left side of the road. The driver could not control the vehicle and, therefore, hit it with the tree on the other side. The passengers were seriously injured. Manohar Lal Gupta and other injured were taken to Najafgarh Public Health Centre, where Dr. A. D. Dutta declared Manohar Lal Gupta dead. At the time of his death Manohar Lal Gupta was 32 years old. He was survived of his wife and five minor children from the age of two months to nine years.

( 2 ) THE Tribunal fou








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