SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1976 Supreme(HP) 3

R.S.PATHAK, D.B.LAL
GAYATRI DEVI – Appellant
Versus
TANI RAM – Respondent


Advocates Appeared:
O.P. Sharma, for Appellant Y.P. Gandhi, H.S. Thakur, D.P. Sud and K.D. Sud, for Respondents.

JUDGEMENT

R. S. Pathak, C. J.:- This is a claimants first appeal directed against the order of the Motor Accident Claims Tribunal, Kangra Division dismissing their petition for compensation under Section 110-A of the Motor Vehicles Act, 1939.

2. Daya Ram was employed as a truck driver by the respondents Tani Ram, Smt. Raj Kumari, Jagmohan and Chain Lal. They owned Truck No. HIM- 4934, which was insured with the Oriental Fire and Life Insurance Company Limited. On February 18, 1968, Daya Ram was driving the truck from Mehatpur to Bahi Kharialti in the Tahsil of Hamirpur. At Talmehra, at about 6 Oclock in the morning, the truck met with an accident. It overturned and Daya Ram was killed. His widow Smt. Gayatri Devi, his daughter Neelam and son Papu filed a claim on May 3, 1968 before the Motor Accident Claims Tribunal under Section 110-A of the Motor Vehicles Act for compensation from the employers and the Insurance Company. The respondents resisted the claim on the ground that the Tribunal had no jurisdiction to entertain it and that it did not disclose any cause of action against them. The Claims Tribunal dismissed the claim by its order dated December 2, 1970. It held that the clai















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top