R.S.PATHAK, D.B.LAL
GAYATRI DEVI – Appellant
Versus
TANI RAM – Respondent
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
1. AIR 1974 MP 159 : 1973 Acc CJ 352 (FB)
3. AIR 1972 MP 125 : 1971 Acc CJ 372
5. AIR 1971 Guj 151 : 1971 CJ 222
8. 970 Acc CJ 403 : 1970 MPLJ 754
12. AIR 1967 Mys 11 : (1966) 1 Mys LJ 576
13. AIR 1964 SC 152 : (1964) 2 SCR 859
14. AIR 1957 Mad 216 : (1957) 1 Lab LJ 517
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