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1965 Supreme(P&H) 251

MEHAR SINGH
Harbans Singh – Appellant
Versus
Atma Singh And Others – Respondent


Judgment

Mehar Singh, J.

1. This judgment will dispose of two revision applications Nos. 671 and 680 of 1963, first by the driver (Harbans Singh) and the second by the owner (Baldev Mittar Bijli) of a goods motor vehicle, which, when driven by Harbans Singh applicant on March, 1960 overran Karam Kaur wife of Atma Singh respondent and mother of the other respondents, causing her death, from the award of the Motor Accidents Claims Tribunal, dated June 14, 1963, awarding Rs. 1,800/- as compensation to Atma Singh respondent. The children of the deceased were not granted any compensation because they were major.

2. The version of the accident in the evidence of Gurbachan Singh, Tirath Singh and Atma Singh witnesses that while the last-mentioned witness was sleeping under a tent at Anandpur Sahib along with his deceased wife and other companions, the goods vehicle of the applicants came loaded with flour and, while trying to enter Anandpur Sahib area, the driver (Harbans Singh applicant) was not in a position to control it while taking it up on the height towards the Gurdwara and it instead of going upwards came back on the reverse and ran over the tent causing the death of the wife of At



















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