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1967 Supreme(P&H) 130

D.K.MAHAJAN
Unique Motor And General Insurance Co Ltd – Appellant
Versus
Krishna Kishori – Respondent


Judgment

, J.

1. This order will dispose of F. A. Os. Nos.129 of 1962, 131 of 1962 and 55 of 1963. The first appeal is by the insurance company, the second by the owner of the motor cycle and the third by the dependants of the deceased.

2. These appeals are directed against the judgment of the Motor Accidents Claims Tribunal awarding a sum of Rs.20,000 as compensation to the claimants against the insurance company and the owner of the motor cycle. The accident took place at about 10-00 P. M. on the 5th April, 1961. The deceased Jagdish Lal and Tara Singh Virdhi, owner of the motor cycle, were riding a motor cycle on the fateful night when they struck against a traffic island with the result that Shri Tara Singh Virdhi suffered injuries whereas Jagdish Lal died on the spot. The legal representatives of Jagdish Lal have made a claim against the insurance company with which the motor cycle was insured and against the owner of the motor cycle. A sum of Rs.2 lakhs was claimed as compensation. The deceased has left behind a widow, three daughters and a son. According to the claimants, the motor cycle was being driven by the owner Tara Singh Virdhi, whereas according to the version of Tara








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