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1962 Supreme(P&H) 80

SHAMSHER BAHADUR
State Of Punjab – Appellant
Versus
Phool Kumari – Respondent


Judgment

1. This judgment will dispose of three appeals and two revisions, all arising out of the award given by the Motor Accidents Claims Tribunal on 18th of January, 1961.

2. As a result of a collision in Chandigarh at about 3 P.M. on 7th of September, 1959, between an omnibus of the Punjab Roadways and the truck driven by Gurdev Singh and belonging to Sarwan Singh, Shri Nand Kishore Tagore, who was an occupant of the bus, was killed while Yog Parkash, who was going on a cycle, received injuries. The Claims Tribunal awarded a sum of Rs. 35,840/-to the legal representatives of Nand Kishore Tagore and a sum of Rs. 600/- to Yog Parkash. According to the award, two-thirds of the total compensation, that is to say Rs. 24,293/-is made payable by the Punjab State on behalf of the Punjab Roadways and the balance of Rs. 12,147/- by the Insurance Company on behalf of the owner of the truck.

Against this award, the Punjab State has filed an appeal (F. A. O. No. 86 of 1961) while the legal representatives of the deceased have questioned the sufficiency of the sum awarded and have asked for enhancement of the compensation to Rs. 50,000/- for which they had laid a claim before the Tribunal, in


















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