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1975 Supreme(P&H) 118

MUNI LAL VERMA
S. D. Joshi – Appellant
Versus
Union Of India – Respondent


Judgment

Muni Lal Verma, J.

1. The material facts which gave rise to this appeal and F.A.O. No. 171 of 1968 may be briefly stated as under :

2. Sudhir Kumar, aged about 11 years, son of the appellants was proceeding on a cycle and he was driving it putting his feet on the paddles by crossing one of his legs through its frame, on April 17, 1966, at about 4 p.m. on the road coming from the side of the lake and falling between sectors 18 and 19 at Chandigarh. Krishana Padda Sen Chowdhary accompanied by his friend M. Biswas was then proceeding on the foot path towards the lake. Military truck No. RD. 15198 (hereinafter called the truck) appeared there from the side of the lake. It was driven by Chander Singh, the Sepoy. When he (Chander Singh) was overtaking Sudhir Kumar, the truck hit against his (Sudhir Kumars) cycle, as a result of which the cycle and Sudhir Kumar fell on the road and he (Sudhir Kumar) died at the spot. Thereafter, the truck struck against the pavement (footpath) on its extreme right and hit M. Biswas, who too dropped on the ground and died at the spot. The truck was stopped thereafter. Krishana Padda Sen Chowdhary succeeded in saving himself and he sent information














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