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1998 Supreme(Raj) 934

D.C.DALELA
Tulsiram Agarwal – Appellant
Versus
Manjinder Singh – Respondent


Advocates:
For the Appellant:Sandeep Mathur, Advocate.
For the Respondents:G.C. Lunia, Advocate.

JUDGMENT

1. - Harbans Kaur and claimant-respondent Nos. 1 to 6 filed a claim petition on account of the death of Avatar Singh in an accident that took place on 20.9.1985. The appellant is the owner of the offending truck No. RNE 1423 and the respondent Nos. 7 and 8 are the driver and insurer of the said truck. During the proceedings of the claim petition, Harbans Kaur has died and the claimant-respondent Nos. 1 to 6 pursued the claim petition. It has been alleged that the deceased Avatar Singh was going in his own truck which had full load of bananas from Indore to Amritsar. On 20.9.1985 at about 6.00 a.m. near Baroni Police Station, another truck bearing No. RNE 1423 came from the opposite direction and hit the truck of the deceased on the wrong side of the road resulting in severe injuries to Avatar Singh, who died in consequence thereof. The learned Motor Accidents Claims Tribunal, Tonk (for short 'the Tribunal') vide its award dated 10.3.1992 held that the accident was the result of the sole negligence of respondent No. 7 who was driving the offending vehicle and it awarded a total compensation of Rs. 3,60,000 to the claimants. The liability of insurance company was limited to

















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