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1967 Supreme(P&H) 139

S.B.CAPOOR, SHAMSHER BAHADUR
Fazilka Dabwali Transport Co. (Private) Ltd. – Appellant
Versus
Madan Lal – Respondent


Judgment

Shamsher Bahadur, J.

1. In this appeal under Clause 10 of the Letters Patent, a preliminary objection has been raised that such an appeal does not lie from the order of the learned Single Judge (D.K. Mahajan J.) who on 11.04.1967, partially allowed the appeal preferred from the order of Shri Gyani as a Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1939

2. A transport vehicle carrying passengers and belonging to the appellant, the Fazilka Dabwali Transport Co., (P) Ltd struck two boys. Pardeep Kumar and Devinder Singh, riding on a bicycle on 27.04.1962. One of the two boys. Pardeep Kumar received serious injuries resulting in amputation of one leg and damage to the foot of the other side The father of Pardeep Kumar claimed a sum of Rs. 25,000.00 and the Motor Accidents Claims Tribunal allowed damages to him to the extent of Rs. 7000.00 Devinder Singh was awarded a sum of only Rs. 700.00. These damages were payable by the appellant, which is the owner of the vehicle The owner preferred an appeal to the High Court which was heard by Mahajan J on 11.04.1967. The amount of compenstion awarded to Pardeep Kumar was enhanced from Rs. 7000.00 to Rs. 12,





























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