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2004 Supreme(P&H) 571

ASHUTOSH MOHUNTA
Kanta Sibal – Appellant
Versus
Sandhu Transport Co. – Respondent


Judgment

Ashutosh Mohtmta, J.

1. Challenge in this appeal is to judgment dated 7.2.1986 passed by Motor Accidents Claims Tribunal, kurukshetra (for short the Tribunal)whereby the claimants have been awarded a sum of Rs.3,00,000 on account of the death of Baikunth Lal Kundra in a motor accident during the night intervening 26/ 27.1.1983 and the liability has been fixed on the owner and driver of the offending vehicle.

2. The deceased Baikunth Lal Kundra was travelling in the bus bearing registration no. PNZ 104 from Delhi to Amritsar on the night intervening 26/27.1.1983. At about 1 a. m. when the bus reached near pipli, it struck against a truck bearing registration no. DHL 5791 coming from the opposite direction. With the impact of the strike between the two vehicles, Baikunth Lal was seriously injured and he died on the next day. Learned Tribunal held Vasan singh, respondent No.3, responsible for causing the accident as he was found to be plying the vehicle in a rash and negligent manner. The deceased was 60 years of age at the time of his death in the road accident. As per claimants, the deceased was earning Rs.60,000 per annum. The Tribunal found that he was spending Rs.3,000 pe





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