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1979 Supreme(J&K) 26

MUFTI BAHA-UD-DIN FAROOQI, A.S.ANAND
State Of J. &K. – Appellant
Versus
Pushpa Devi – Respondent


Advocates Appeared:
Advocate For Appellant: Amar Chand Vaid
Advocate For Respondent: Ram Nath Bhalgotra

Per Dr. Anand J:

1. On July 29, 1966 at about 4-30 P. M. Vijay Kumar, husband of the plaintiff, was knocked down by Truck No. JKA-27. belonging to the Jammu and Kashmir Transport Department and which was being driven by Janardhan Singh, an employee of the defendant, State of Jammu and Kashmir. As a result of the unfortunate accident, Vijay Kumar was crushed to death at the spot as both, the front and the rear wheels of the truck, ran over his body. The accident took place opposite The Head Quarters of 26 Div. Company, Janardhan Singh, after causing the accident made an attempt to run away but was caught hold of by Gurdial and Bakhshi Bhagat Singh P. Ws.

2. The widow of Vijay Kumar Smt. Pushpa, brought a suit for the recovery of damages amounting to Rs. 1,00,000.00 as compensation for the death of her husband, who according to her was killed because of the rash and negligent act of Janardhan Singh, an employee of the defendant State. According to averments in the plaint, deceased Vijay Kumar, at the time of the accident was working as a S. D. O. with the M.E.S. at Jammu in Grade I and was drawing a salary of Rs. 473 P.M. He was 34 years of age at the time of the accident and had a br













































































































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