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1966 Supreme(P&H) 152

HARBANS SINGH
Jupiter General Insurance Co. Ltd. And Another – Appellant
Versus
Gurcharan Singh And Others – Respondent


Judgment

1. The first appeal filed by Jupiter General Insurance Co. Ltd. (hereinafter referred to as the insurance company) and Ranjit Singh, the insured, is directed against an order passed by the Motor Accidents Claims Tribunal awarding Rs. 2000/- as compensation to Gurcharan Singh respondent No. 1, for the death of his only son aged 1½ years.

2. Respondent No. 1. along with other partners runs the petrol pump on the road coming from Delhi to Gurgaon and running onwards to Sona and Alwar. He has got his residential bouse just behind the petrol pump. A truck which was admittedly owned by Ranjit Singh to begin with and which was driven by Lal Chand driver, came to the petrol pump for getting diesel and air. After getting diesel, the truck backed without the driver taking the precaution of directing the cleaner to be on the backside and to see if that was clear or otherwise taking the precaution himself and seeing if it was safe to do so. The small child of Gurcharan Singh was just be hind the truck and got crushed under-neath. Claim was made by the father and it has been found by the Claims Tribunal :

(a) That the truck was driven by Lal Chand. (b) that Lal Chand was negligent in ba










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