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1979 Supreme(P&H) 178

HARBANS LAL
Oriental Fire And General Insurance Co. Ltd. – Appellant
Versus
Deep Kaur – Respondent


Judgment

Harbans Lal, J.

1. This appeal F.A.O. No. 32 of 1978 as well as the cross-objections No. 11-C11 of 1978 under Order 41 Rule 33 of the Code of Civil Procedure will be disposed of by this judgment.

2. The appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Rupnagar, dated October 3, 1977, whereby allowing the petition of the respondents-claimants for compensation under section 110-A of the Motor Vehicles Act, 1939 (hereinafter called the Act) and a total compensation of Rs. 1,28,000/- was granted.

3. One Attar Singh while driving car bearing No. PUL. 3514 from Chandigarh to Ludhiana on 15th December, 1970 met with a fatal accident. The claim petition was filed by Mrs. Deep Kaur his widow, Inderpal Singh and Amarjit Singh his two minor sons and Kumari Parvider Kaur his minor daughter. A truck bearing no. PUR 323 belonging to the appellant no. 2 was parked on the metaled road near mile no. 13 between Morinda and Kharar. This vehicle had its back towards Kharar and the front portion towards Morinda side. There was no indication on the back-side of the truck by light or any other caution or warning to give a timely warning to the on-coming vehicles abo









































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