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1973 Supreme(Del) 37

P.N.KHANNA
KRISHNA WANTI – Appellant
Versus
RUDAR SINGH – Respondent


Advocates Appeared:
A.R.LAL, D.R.Mahajan, M.L.BHARGAV

P. N. Khanna, J.

( 1 ) THE appellants are the widow and two sons of Manohar Lal Khurana who died as a result of an accident, which took place at about 11. 45 pm. on September 7, 1963. The deceased was travelling at that time as a pillion passenger on a motor cycle owned by respondent No. 6, driven by respondent No 4 and insured with respondent No. 5. The motor cycle was knocked down by a car driven by Rudar Singh, respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. The deceased was thrown on the road due to the impact and received grievous injuries, as a result of which he died 32 hours thereafter in the Safdarjang Hospital. Appellant No. 1, the widow, and appellants Nos. 2 and 3, the sons of the deceased, then filed application under section 110-A of the Motor Vehicles Act, for the award of Rs. 25. 000. 00 as compensation, on the allegation that the accident was due to the rash and negligent driving on the part of the car driver, respondent No. 1, who was driving the same in the course of his employment under respondent No. 2. The amount was claimed in the alternative from the motor cycle driver, the insurance company, and the owner of the motor cycle, r











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