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2017 Supreme(Del) 2177

R.K.GAUBA
Subhash Chand – Appellant
Versus
Rattan Singh – Respondent


Advocates Appeared:
For the Appellants : Ms. Suman Bagga & Mr. Pankaj Gupta, Advs.
For the Respondents: Mr. Pankaj Seth, Adv.

JUDGMENT :

1. This unfortunate case which relates to cause of action that had arisen three decades ago i.e. on 26.04.1987, has come up for hearing and adjudication by this Court now with the first claimant Phoolwati having already died and her then minor children having since come of age and settled in their respective lives, they being the appellants herein. The claim relates to motor vehicular accident involving half body truck bearing no. DHG 1995 which was carrying more than 40 passengers for attending Satsang within the area of police station Mehrauli, New Delhi. The truck turned turtle midway the journey, and no one was called in these proceedings to describe the reasons for such mishap. Out of the several persons who were travelling in the truck, now conceded by the appellants to be gratuitous passengers, Tara Chand, the husband of the first claimant Phoolwati and the father of the appellants herein died due to the injuries suffered. The claim case (old petition no. 479/1987, later registered as suit no. 1000/2004), instituted on 29.10.1987, sought to invoke the jurisdiction of the motor accident claims tribunal under sections 166 and 140 of Motor Vehicles 1988. It was contes


















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