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1975 Supreme(P&H) 70

PRITAM SINGH PATTAR
Oriental Fire & General Insurance Co. Ltd. – Appellant
Versus
Meena Sharma – Respondent


Judgment

PRITAM SINGH PATTAR, J.

1. By this judgment, the following two first appeals which are directed against the order dated June 21, 1967 of the Motor Accidents Claims Tribunal Punjab (Chandigarh) will be decided :

(1) Oriental Fire and General Insurance Company v. Mrs. Meena Sharma and others F.A O. No. 136 of 1967; and

(2) Oriental Fire and General Insurance Company v. Mrs. Devki and others, F.A.O. No. 135 of 1967.

2. The facts of this case are that on September 22, 1966, Ram Pal deceased along with Kishan Chand Dhiman was going from Phagwara to Ludhiana on Scooter No. WBN-3904 and at that time the scooter was being driven by Ram Pal deceased while Kishan Chand Dhiman was sitting on the pillion. When they reached near the Police Traning Centre, Phillaur, ruck No. DLJ-6470, came from the opposite direction which was being driven rashly and negligently by Chanchal Singh, driver, who swerved to the wrong side of the road and struck against the scooter driven by Ram Pal. The scooter was damaged and it was dragged along with the truck which stopped at a distance of about 50 karams from the place of impact. Both Ram Pal and Kishan Chand Dhiman died and their dead bodies were thrown














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