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1985 Supreme(P&H) 251

S.P.GOYAL, S.S.SODHI, D.S.TEWATIA
Parkash Chand – Appellant
Versus
Pal Singh – Respondent


Judgment

D.S.TEWATIA, J.

1. This appeal in the first instance came up for hearing before Sodhi, J. who referred the same to a larger Bench by his order dated 15-5-1984. The Division Bench which thus came to deal with the matter by order dated 29-8-1984 referred the following question for the decision of the larger Bench :

"Whether the legal representatives and dependents, other than those enumerated in Sec.1 of the Fatal Accidents Act, 1855 , can maintain a petition for compensation on account of the death of their relation who died in a motor accident, by virtue of the provisions of Sec.110-A of the Motor Vehicles Act, 1939 ?"

The import of the aforesaid legal proposition has to be examined against the background of facts which are not in dispute and can be stated thus : Dharam Pal, a rickshaw puller, aged 21 years on the date of the accident, met with an accident with an ambassador car No. PUQ-2148 (Taxi) on 26-2-1977 at about 10 p.m. near a cycle-repair shop close to Naz Cinema, G. T. Road, Jalandhar, in which accident he sustained injuries on various parts of his body, including the head. He succumbed to his injuries on 15-5-1977 in the Christian Medical College and Brown Hospit


























































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