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1967 Supreme(P&H) 82

MEHAR SINGH, HARBANS SINGH, D.K.MAHAJAN
Oriental Fire And General Insurance Co. Ltd. – Appellant
Versus
Gurdev Kaur – Respondent


Judgment

Mehar Singh, J.

1. This judgment will dispose off three first appeals Nos. 117, 118 and 119 of 1962 from the order dated June 28, 1962 of the Motor Accidents Claims Tribunal. The appeals are by the Oriental Fire and General Insurance Co. Ltd., the insurer. The order of the learned Tribunal disposed of three claim applications arising out of one accident in which three persons died and the claim applications were made by their dependants. That is why the learned Tribunal disposed of all the three claim applications by one order and for the same reason the three appeals are being taken together for decision.

2. The finding of fact by the learned Tribunal are that on February 17, 1960 truck PNT : 2749 was hired by Chhajju and Inder Singh at Rs. 90/- from Banarsi Dass of Samana for carriage of hides from Samana to Phillaur. Chhajju and Inder Singh each paid Rs. 30/- but it is not clear who paid the remaining amount of Rs. 30/- Chhajju, Inder Singh, Niranjan Singh and Mangata placed their hides in the truck at various places about Samana. Dalip Singh worked jointly with his father, Inder Singh in his shop at Samana. The truck with the hides left Samana at about 9 P.M. It was dri
























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