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1971 Supreme(Del) 27

P.N.KHANNA
NANU MAL – Appellant
Versus
INDER SINGH – Respondent


Advocates Appeared:
G.R.CHOPRA, H.S.Dhir, RAM KISHAN SAINI

P. N. Khanna

( 1 ) THIS judgment will dispose of six appeals, F. A. O. 23-D of 1965 to FA. O. 28-D of 1965, filed under section 110-D of the Motor Vehicles Act, Act No. 4 of 1939. The circumstances under which the proceedings, out of which these appeals have arisen, were initiated, are as follows :-

( 2 ) ON the night between June 8 and 9, 1961 at about 12. 45 a m a truck drove at a great speed from the side of Shakti Nagar and ran over the raised round-about (gole chakar) near Ram Rup Vidya Mandir. A number of persons were sleeping at that lime on the said round about. The truck struck several persons, resulting in the death of three of them, viz. Tej Ram, a boy of 16 years, Pushpa Devi, aged about 12 years and Kishan Lal aged 32 years ; and injuries to three other persons, viz. Hari Ram, Budhi Ram and Krishan Prashad It was a dark night. But one Faquir Chand, it is aid, holding a gas lantern was passing that say. It was in that gas light that it was noticed, it is alleged, that the truck bore legistration No D. L. G. 638. Pritam Singh said to have been the driver of the truck. The accident was said to have been caused due to the negligent and rash driving by Pritam Singh. The truck











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