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1988 Supreme(P&H) 538

A.L.BAHRI
Urmila Devi – Appellant
Versus
Baljit Singh – Respondent


Judgment

A.L.Bahri, J.

1. Motor Accidents Claims Tribunal, Ludhiana, on April 24,1984 allowed compensation to the tune of Rs. 59,854/- to Urmila Devi and others. This award is under challenge in this appeal filed by Urmila Devi and others.

2. Ram Parkash, husband of Urmila Devi appellant, along with Sham Lai and Kul Bhushan was going on a rickshaw near bypass Samrala at Ludhiana on January 27, 1983. Truck No. MWT 2025 driven by Baljit Singh came from behind at a high speed in a rash and negligent manner. It hit the rickshaw which turned turtle. The occupants of the rickshaw fell down. Ram Parkash was crushed by the truck. The others also suffered injuries. Ram Parkash was taken to C.M.C. Hospital, Ludhiana where he was treated for two days. He died there. He was aged about 37 years and earning Rs. 1,000/- per month from his business of hand-pump and pipe fittings. Urmila Devi and her minor children claimed compensation to the tune of Rs. 3,00,000/- in the claim petition which was filed against Baljit Singh, driver of the truck; Pal Singh and Didar Singh, owners of the truck; and New India Assurance Co. Ltd. with whom the truck was insured. The respondents filed separate written stat










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