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1979 Supreme(P&H) 241

HARBANS LAL
Delhi Bhiwani Transport Company Private Limited – Appellant
Versus
Ram Nivas Surekha – Respondent


Judgment

Harbans Lal, J.

1. This judgment will dispose of F.A.O. Nos, 89, 90, C.Rs. Nos. 403, 409, 410 and 411 of 1972, as they arise out of the same judgment of the Motor Accidents Claims Tribunal, Rohtak (hereinafter called the Tribunal), dated December 30, 1971.

2. Briefly the facts are that on January 25, 1967, at about 9.00 a.m. a collision took place between bus No. DLP 3053 (hereinafter to be called the bus in question) and a truck No. PNR 3958 (hereinafter to be called the truck) on the highway between Rohtak and Bahadurgarh near village Jakhota. Bhan Singh (now deceased), Ram Niwas Surekha, Smt. Devki Bai, Smt. Gita Devi, Pawan Kumar and Surinder Kumar were travelling in the said bus. Bhan Singh died instantaneously as a result of the injuries sustained at the time of the accident and the remaining others sustained some minor injuries. The bus belonged to M/s. Delhi Bhiwani Transport Company on whose behalf the appeals and revisions have been filed. Sarup Singh was driving this vehicle. The truck was owned by Ram Nath and driven by Randhir Singh. Both the bus and the truck were duly insured for third party risk. According to the version put forth by the claimants in their c


























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