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1969 Supreme(P&H) 41

MEHAR SINGH
Oriental Fire & General Insurance Co. Ltd. , New Delhi – Appellant
Versus
Chuni Lal – Respondent


Judgment

1. On June 6, 1965, there occurred an accident outside Nangal Town on the railway road going from east-south to northwest, the place of accident being marked by a circle in the plane, Exhibit X Both sides admit this accident. Tarlochan Chand was riding a cycle with his mother Sandhya Devi, who had a child one and a half years in her arm, riding behind on the carrier. He was on the railway road proceeding from east-south to north-west. In this very plan is shown the road which comes from the side of the Nangal Dam and runs from West to east. At a point it meets another road from south and beyond that is what is described as Nangal Canal Road. This goes to east. A truck No. 5106 driven by Malkiat Singh was coming on the Nangal Dam Road and moving from west to east. The plan further shows that the railway road is connected with the Nangal Dam and Nangal Canal roads straight as also by the formation of a crescent, the curved end of which starting from south joins the Nangal Dam and Nangal Canal roads in the north. On the south-west side of the crescent is a petrol pump, quite almost opposite to the place where the accident occurred and is shown by a circle in the plan. Tarlocha










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