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1993 Supreme(P&H) 705

G.R.MAJITHIA, HARMOHINDER KAUR SANDHU
Rikhi – Appellant
Versus
Sukhrania – Respondent


Judgment

G.R.Majithia, J.

1. This judgment disposes of FAO No. 352 of 1987, Cross objection No. 76-C-II of 1989 in F.A.O. No. 352 of 1987 and FAO 611 of 1987.

2. The facts:-

A reference to relevant facts for adjudicating the question of law raised in these appeals has been made from the pleadings in File No. 15 of 27-8-1984 (F.A.O. No. 352 of 1987). Smt. Sukhrania and Ram Dhan (hereinafter, referred to as the claimants) lost their son Chinku in an accident. Chinku was rickshaw puller by profession and while he was going to the Khokhas opposite to the Cinema Alankar Cinema on March 1, 1984 at about 12 noon to have a change of Rs. 5/- Pawan Kumar and Ashok Kumar were coming from Goniana side on a Motor Cycle bearing registration No. P.U.T. 3504, on the wrong side of the road and were driving the same in a rash and negligent manner and without giving any horn struck against Chinku. The accident was witnessed by Nand Lal son of Durga Parshad, rickshaw puller, Shiv Lal son of Dhannu Ram, rickshaw puller, Ram Sarjiwan, brother of Chinku, Ram Sarup and one Prem Kumar, resident of Bhatinda, Chinku was taken to Civil Hospital Bhatinda by these persons for medical treatment. He was given trea















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