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1990 Supreme(HP) 139

P.C.BALAKRISHNA, DEVINDER GUPTA
NARINDER KAUR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the appellant(s) :Shri K. D. Sood, Advocate, fin L. P. A. No. 8 of 1982) ; Shri D. K. Khanna, Advocate (in L. P. A. No. 18 of 1982). For the respondent(s):Shri M. L. Chauhan, Asstt. Advocate, General for respondent No. 1 (in L. P. A No. 8 of 1982 and for respondent No. 7 in L. P. A. No. 10 of 1982 Shri D. K. Khanna, Advocate, for respondent No. 3 in L. P. A:No. 8 of 1982), and Shri K. D. Sood, Advocate, for respondents No, 6 to 8 in L. P. A. No. 10 of 1982).

JUDGMENT

Devinder Gupta, J,—This judgment will dispose of L. P. A No. 8 of 1982, Narinder Kaur and others v. State of H. P and others, and L. P. A. No 10 of 1^82, H R. T. C v. Narinder Kaur and others, as they arise out of toe same judgment delivered by a learned single Judge of this Court in F. A. O. No. 18 of 1976 on March 24, 1982.

2. One Ajit Singh, while travelling on July 4, 1973, in Jeep No DHB 5086 from Tolu to Shimla, received serious injuries as a result of accident with truck No HIM 4i26 owned by the State of H. P. The accident occur red near Research Institute and Government of India Press on Cart Road Shimla Said Ajit Singh alleging the accident to have occurring to rash and negligent driving of the driver of the truck filed a petition on January 2, 1974 under section i 10-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) before the Motor Accident Claims Tribunal, Shimla, Claiming a sum of Rs. 50,000 as compensation on account of pain, shock, disability, loss of earning capacity, treatment expenses and special nourishment etc. A sum of Rs. 1,600 was claimed by way of damages caused to the jeep owned by him.

3. On and from October 2, 1974, management








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