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2013 Supreme(P&H) 4

M.JEYAPAUL
Balbir Singh – Appellant
Versus
Ralla Singh – Respondent


Advocates:
For the Appellants:Mr. Gopal Mittal, Advocate.
For the Respondent No.1:Mr. Ashwani Arora, Advocate.
For the Respondent No.2:Mr. Vinod Chaudhri, Advocate.

JUDGMENT

Mr. M. Jeyapaul, J.: - The owner and the driver of the offending vehicle, namely, tractor-trailer have preferred the present appeal aggrieved by the right of recovery given to the insurance company on the ground that the driver did not possess a valid driving licence to drive the said vehicle.

2. Claimant who is the father of the deceased Charanjit Singh has contended in the claim petition that his son proceeded on a motor-cycle from Dera Bassi towards village Natwal taking Munish Kumar as pillionrider. Jagtar Singh @ Jagga and Baljinder Singh @ Gudda followed them by a separate motor-cycle. When they reached near Chandigarh Apartments on Barwala road, a tractor-trailer bearing registration No. PB-42-6684 came from the opposite direction driven by its driver Balwant Singh in a rash and negligent manner and struck against the motor-cycle of Charanjit Singh and as a result of which Charanjit Singh and Munish Kumar fell down on the road having received grievous injuries. Charanjit Singh died on the spot whereas Munish Kumar died on the way to Dera Bassi. It has been alleged that the accident took place due to rash and negligent driving of the offending vehicle by the 1st resp























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