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2012 Supreme(P&H) 424

NAWAB SINGH
Soma Devi – Appellant
Versus
Rasala Ram – Respondent


Advocates:
For the Appellants:Mr. Ashok Gupta, Advocate.
For the Insurance Company:Mr. Paul S. Saini, Advocate.

JUDGMENT

Mr. Nawab Singh J.: (Oral) - This judgment shall dispose of above mentioned two appeals because in both the appeals, claimants have challenged the award dated May 13, 1992 passed by Motor Accidents Claims Tribunal, Ambala (for short ‘the Tribunal’).

2. On the intervening night of July 27/28, 1990, Mohan Lal and Lachman Dass (both deceased) were urinating on the berm of the road leading from Pinjore to Nalagarh. A truck bearing No.HYE- 1688 (for short ‘the offending truck’), driven by Rasala Ram came at a fast speed from Pinjore side and struck against a telephone pole. As a result thereof, the truck turned turtle and both the deceased came underneath it and were crushed to death. The occurrence was witnessed by Dilbag Rai.

3. On the statement of Dilbag Rai, FIR No.88 dated July 28, 1990 under Sections 279 and 304-A IPC was registered in Police Station Pinjore against Rasala Ram.

4. Mother and widow of Mohan Lal filed claim application No.86 of 1990, whereas, widow and three sons of Lachman Dass filed claim application No.87 of 1990 under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’).

5. The Tribunal vide the impugned award dismissed the claim applicatio





















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