MIAN JALAL-UD-DIN, J.:- These are the two Civil first Miscellaneous appeals under Section 110 (d) of the Motor Vehicles Act and arise out of the judgment and the award of the Motor Accidents Claims Tribunal dated 7th of January, 1975 allowing the claim of P. S. Mahal, the petitioner appellant to the extent of Rs. 36,242.00.

2. Briefly speaking the facts of the case as disclosed from the judgment of the Tribunal are: that Shri P. S. Mahal the appellant in case No. 40 (hereinafter referred to as the petitioner appellant) who was working as an Executive Engineer in the Central Public Works Department (C. P. W. D.) at Jammu had gone to Udhampur on 28th of August 1969 in Government Jeep No. JKN-2462 which was driven by Shri Mohd Akbar driver of the department. It was a left hand driven jeep. While returning from Udhampur to Jammu when the appellant was on Ramnagar-Jammu road only 5 miles away from the City of Jammu, a military truck driven by respondent No. 2 was coming at fast speed from the opposite direction. The driver of the said vehicle tried to overtake the military vehicle ahead of him and while doing so he came on the wrong side of the road. He without observing the traffic rule

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