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1979 Supreme(P&H) 24

S.P.GOYAL
Union Of India – Appellant
Versus
Asha Rani – Respondent


Judgment

Goyal, J.

1. Harbans Lal, an employee of Amritsar Sugar and Oil Mills Limited, Chheharta, was run over by a military jeep at about 7.30 p. m. on September 13,1966 while proceeding from the city towards Khalsa College and killed at the spot.

2. Respondents, the widow and the minor children of the deceased, filed a claim petition before the Accidents Claims Tribunal alleging that Harbans Lal was killed because of rash and negligent driving of the jeep. The claim was opposed by the Union of India and on the pleadings of the parties, the following issues were framed :-

1. Was the accident due to any negligent act on the part of the driver of the vehicle involved ?

1-A. Was the application made within time, and if not, are there sufficient reasons to condone the delay ?

2. What is the quantum of compensation due, if any, and from whom to whom ?

All the issues were decided in favour of the claimants. Under issue No. 2 it was further held that the dependents have been deprived of Rs. 100/- per month and their annual loss was thus assessed at Rs 1,200/-. Life expectancy was taken to be 60 years and the deceased being of 45 years at the time of his death, the claimants were allowed




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