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1997 Supreme(P&H) 463

NARESH JAIN, SAROJNEI SAKSENA
New India Assurance Company Limited – Appellant
Versus
Swaran Kanta – Respondent


Judgment

Sarojnei Saksena, J.

1. This is Letters Patent Appeal under Clause X of the letters Patent filed by New India Assurance Company Limited against the judgment of learned Single Judge dated August 14, 1985.

2. Brief facts of the case are that claims petition was filed by respondent-Swaran Kanta, widow of deceased Puran Chand, along with her minor children on May 8, 1978, before the Motor Accidents Claims Tribunal, Sonepat, on the basis of the death of Puran Chand, who died in a vehicular accident on December 4, 1977 on the relevant night Puran Chand was traveling in Car No. DLB-9186. The accident took place on G.T. Road near village Larsauli, Police Station Ganour, within the district of Sonepat. Claimants pleaded that truck No. HRA-7831 owned by respondent Manohar Lal and driven by respondent Ram Parsad was standing in the middle of the road on the relevant night without taking any precautions, when car No. DLF-5447 driven by Anil Kumar and owned by Inder Singh came from Delhi and struck into it. In the meanwhile truck No. DHG-2801 owned by Messrs Kohli Transport Company and driven by Charan Singh came from Delhi side and struck into the car, which was already standing on the


















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