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1967 Supreme(Del) 55

S.N.ANDLEY
VIMAL RAI – Appellant
Versus
GURCHARAN SINGH – Respondent


Advocates Appeared:
C.M.KOHLI, G.R.CHOPRA, HARISH CHANDER, M.M.NATH

Andley J.

( 1 ) THERE was an accident on 16th July, 1963 as a result of which, Balwant Rai, husband of appellant No. 1 and father of appellants Nos. 2 and 3 died on the 17th July, 1963. The accident was caused by a motor cycle bearing registration No. DLO 2706, Jawa make, 1962 model. At the time of the accident the motor cycle was being driven by Ram Lal respondent No. 4. The appellants filed a petition under section 110-A of the Motor Vehicles Act, 1939, before the Motor Accidents Claims Tribunal Delhi, claiming Rs. 1,50,000. 00 as compensation.

( 2 ) AT the time of the accident, the motor cycle in question stood registered in the relevant records of the Motor Licencing Authority, Delhi, in the name of Gurcharan Singh, respondent No. 1. Gurcharan Singh had taken out an insurance policy covering third parly risks from Oriental Fire and General Insurance Company Limited, New Delhi, respondent No. 3. The insurance policy had been issued on or about the 15th October, 1962 and was effective for one year. In the application for compensation, the appellants had impleaded one M. G. Krishna Rao, as respondent No. 2 and they had shown Gurcharan Singh and Rao, as owners of the Motor cycle. R














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