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1965 Supreme(P&H) 293

S.S.DULAT, P.C.PANDIT
Northern India Transporters Ins. Co. Ltd. – Appellant
Versus
Amra Wati & Others – Respondent


Judgment

Dulat, J.

1. Round about 9-40 a.m. on the 11th February 1959 a passenger bus travelling on the main road between Ludhiana and Ferozepure got out of the drivers control and struck a tree on its off side. In the result, two passengers Bachan Singh and Narinder Nathdied on the spot, while some others received smaller injuries. Bachan Singhs widow (Sham Kaur) and Narinder Naths widow (Amra Wati) filed claims for compensation before the Tribunal appointed under the Motor Vehicles Act. Sham Kaur claimed on behalf of herself and her two daughters a sum of Rs. 3,24,000/-. The names of the two daughtersHarbans Kaur and Balbir Kaurwere not mentioned in the first application which was filed within time, that is, on the 6th April, 1959, but subsequently their names were sought to be introduced through an application dated the 2nd November 1959. Amra Wati claimed Rs. 85,000/- on behalf of herself and her minor children. The bus belonged to the Sheikhupura Transport Company Private Limited and it was insured with the Northern India Transporters Insurance Company, and both of them were joined in the claim as respondents. The Tribunal found that the accident was due to the negligence of th










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