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1964 Supreme(P&H) 28

S.S.DULAT, P.C.PANDIT
New India Assurance Co. Ltd. – Appellant
Versus
Moti Ram – Respondent


Judgment

P.C.Pandit, J.

1. On 9-12-1958 an accidant took place at about 1 P.M. on the Grand Trunk Road at a distance of 18½ miles from Delhi, as a result of which, a collision took place between two trucks Nos. PNR-5133 and DLD-5164. Mela Ram was driving truck No. DLD-5164. Due to the rash and negligent driving by Han Singh, who was the driver of truck No. PNR-5133, Mela Ram sustained severe injuries, as a result of which he died the same night in the Civil Hospital, Sonepat, district Rohtak. Mrs. Maya Devi, widow of Mela Ram deceased, on her own behalf and on behalf of her minor sons, filed an application before the Provincial Transport Controller, Punjab, Jullundur, on 14 1.1959 for compensation amounting to Rs. 15,000/- on account of the death of her husband. On 10.2.1959 the Motor Accidents Claims Tribunal, Punjab, was established under the Motor Vehicles Act, 1939, and Mrs. Maya Devi was advised to apply to the Chairman of this Tribunal for compensation on the prescribed form. Her application was received by the Tribunal on 26.2.1959 and the same was registered on 3.3.1959. In this application, she impleaded the following persons :

(1) Moti Ram and Desa Singh as the owners of t






























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