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2000 Supreme(HP) 105

KAMLESH SHARMA, LOKESHWAR SINGH PANTA
RAJINDER KUMAR – Appellant
Versus
SOMA DEVI – Respondent


Advocates Appeared:
Mr. H.K. Bhardwaj, Advocate, for the Appellant; Mr. K.D. Sood, Advocate, for the Respondents No. 1 & 2; Mr. Harish Behal, Advocate, for the Respondent No. 3.

JUDGMENT

Ms. Kamlesh Sharma, J.—Appellants No. l(a) to l(e) are the legal representatives of original appellant No.l, namely, Ram Nath, who has died during the pendency of the appeal. He was owner and appellant No. 2, who is his son, was the driver of tractor No. HPG-616. Respondent-claimant No. 1 is the widow and respondent-claimant No. 2 is the minor son of deceased Tek Singh who succumbed to the injuries received by him on 12.4.1990 in the accident of tractor No. HPG-616. Their case has been that on the day of accident Tek Singh and his brother Kuldip Singh, PW-4, were standing at Basal Puli on Dera Baba Rudru-Nari road waiting for the bus for village Nari. Seeing the tractor in question deceased gave signal for lift and in return got struck and fell on the road at a distance of 5-7 feet and sustained number of injuries as a result of rash and negligent driving of the tractor by appellant No. 2. Thereafter, he was brought to the hospital at Una where he breathed his last at 9.00 p.m.

2. The respondents-claimants filed claim petition which was allowed by the impugned award dated 19.10.1992 passed by Motor Accident Claims Tribunal, Una, District Una. The Tribunal on the appreciatio











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