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1967 Supreme(Del) 52

JAGJIT SINGH, S.K.KAPUR
PREM SINGH – Appellant
Versus
TIKA RAM – Respondent


Advocates Appeared:
A.N.Monga, G.S.Vohra, K.N.Kataria, MANMOHAN SINGH

Jagjit Singh, J.

( 1 ) ON May 4, 1957, Shri J. M. Tandon, Subordinate Judge, First Class, Delhi, passed a decree for Rs. 15,000. 00 with proportionate costs in favour of Tika Ram and his wife, Mrs. Vidya Vati. Kartar Singh, Prem Singh and the Premier Life and General Insurance Company Limited, New Delhi, against whom the decree was passed, filed this regular first appeal.

( 2 ) THE facts of the case are not disputed. On June 8, 1953, Parkash and his brother Manohar Lal were going to Badarpur Railway Station from a school for blind persons, situated at Lal Kuan. Manohar Lal being blind, he was being led by his elder brother Parkash. When they were near Prahladpur, between Faridabad and Lal Kuan, truck No. DLH-6838, belonging to Kartar Singh and Prem Singh, came from the back side and knocked down Parkash The truck was being driven by Prem Singh. After the accident, Parkash was removed. in the same truck to Safdarjang Hospital, where on the same day he succumbed to his injuries. Under the Fatal Accidents Act. 1855 (hereinafter referred to as "the Act") and on the allegation that the truck was being driven rashly and negligently without any regard to the rules of the road, the parents










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