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1975 Supreme(P&H) 56

S.C.MITAL
Sukhdev Raj Jain – Appellant
Versus
Shanti Devi – Respondent


Judgment

S.C.Mittal, J.

1. On 26th January, 1966, in consequence of the accident in question which occurred at 3.30 p.m. on the Mathura Road, Samey Singh lost his life. Car No. DLI 5121 involved in it was driven at the relevant time by Sukhdev Raj Jain. Mrs. Shanti Devi, widow of Samey Singh, Vijay and Muni, his daughters, Hari Pal, Ram Pal and Jagat Pal his sons, and Sukh Rani mother of the deceased, filed application under section 110-A of the Motor Vehicles Act for compensation against Sukhdev Raj Jain, M/s Picture Varnishers and Indian Mercantile Insurance Co , Ltd., New Delhi. The Motor Accidents Claims Tribunal, Gurgaon, allowed the claim of Rs. 30,000/-. Feeling aggrieved, the present appeal has been filed by the Sukhdev Raj Jain and two others mentioned above.

2. It is undisputed fact that the accident did occur on the aforesaid date and time on the Mathura Road and that Samey Singh lost his life in consequence. The version of Shanti Devi and other applicants is that Samey Singh was going from his village on his bicycle to Faridabad. The car driven by Sukhdev Raj Jain came from behind at a fast speed. Horn was not blown. Samey Singh was hit in such a way that from his cycle













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