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1980 Supreme(All) 122

M.N.SHUKLA, N.N.MITHAL
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
NARENDRA KUMAR – Respondent


Advocates Appeared:
Gyan Chandra Dwivedi, J.N.CHATTERJI

M. N. SHUKLA, J.

( 1 ) THESE three connected appeals under Section 110-D of the Motor Vehicles Act arise out of a single accident which occurred on 17-12-1972 in village Pinjokhra near Sugarcane Purchasing centre on Saharanpur-Shadra Road within police station Kandhala in the district of muzaffarnagar in which a motor truck owned by Veern Sain and Brij Mohan, respondents Nos. 3 and 4 and driven by Dharam Veer, respondent No. 5 collided with the motor bicycle owned and driven by Raj Kumar deceased with Narendra Kumar, respondent in one of the appeals (seated on the carrier) coming from the opposite direction. The motor cycle was badly damaged and serious injuries were caused to Raj Kumar and Narendra Kumar out of whom the former succumbed to his injuries and the latter survived. It was alleged that the truck was being driven rashly and negligently by the driver and that was the cause of the accident. The petition was resisted by the owner of the truck and the Naitonal Insurance Company Ltd. The claimant narendra Kumar who was injured in the accident filed a claim for Rs. 54,000/- as compensation. The father, mother and the daughter of the deceased preferred a claim for a sum of Rs.










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