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1987 Supreme(P&H) 476

G.C.MITTAL
Gram Panchayat, Mehngrowal – Appellant
Versus
Auditya Ram – Respondent


Judgment

1. On 31-7-1982 at about 10 P.M. Mohan Sharma aged about 23 years and Wazir Singh were returning to Hoshiarpur on their bicycles after completing their day s work as electrician in the milk plant, where they were employed at monthly salary of Rs. 675/-. On the way near village Ajawol, tractor with trolly attached bearing registration No. 7495 belonging to Gram Panchayat of village Mehngrowal, driven by Guran Dass came from the opposite direction. It first hit Wazir Singh who fell down on the Kacha side of the road and then hit Mohan Sharma and dragged him to some distance. Due to the injuries suffered in the accident in the chest and the head, Mohan Sharma died. His father and two minor sisters filed application for compensation before the Motor Accidents Claims Tribunal (hereinafter called the Tribunal ). The driver and the owner of the tractor denied the accident. On the pleadings of the parties, the following issues were framed :-

1. Whether the accident took place due to the rashness or negligence or both of Guran Dass respondent ? OPA

2. If issue No. 1 is proved, to what amount of compensation the claimants are entitled and from which of the respondents ? OPA

3. If iss







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