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1971 Supreme(P&H) 199

C.G.SURI
Messers Sohan Lal Surinder Prakash And Others – Appellant
Versus
National Ins. Co. Ltd. And Others – Respondent


Judgment

C.G.Suri, J.

1. The owners and the driver of a motor vehicle involved in an accident have filed this joint appeal against the award of the Motor Accidents Claims Tribunal, Ludhiana given on the application of the claimant Harnek Singh.respondent No. 2, under section 110A of the Motor Vehicles Act. The National Insurance Company Limited, respondent No. 1, with whom the vehicle was insured before it was purchased by appellant No. 1, had been absolved from liability because appellant No. 1 had not taken out any fresh policy of insurance after puJchase of the vehicle about a month before the accident.

2. On 24th August, 1967 at about 1 p.m. Harnek Singh respondent No. 2, a dairy owner, aged 35 years, was going on a cycle from Ludhiana City to a suburb known as Gurdev Nagar when he was knocked down and run over by the Oil Tanker No. PNL-6033 belonging to appellant No. 1 and being driven at the time by appellant No. 2. There was a complete fracture of the two bones of his right lower leg and this limb had to be amputated at the knee after a few weeks. A report about the accident was lodged within a few minutes to A.S. I. Gopal Dass by Puran Singh A.W., a disinterested passerby. K



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