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1969 Supreme(All) 59

LAKSHMIPRASAD
The New India Assurance Co. Ltd. – Appellant
Versus
Shanti Misra – Respondent


Advocates:
P.C. Srimal, for Petitioners; R.N. Trivedi, for Opposite Parties.

ORDER :- This is a petition under Article 226 of the Constitution. The facts of the case leading to this petition may briefly be summarised as below. Amar Nath Misra husband of opposite party No. 1 and father of opposite parties Nos. 2 and 3 met with an accident on 11th September, 1966 at about 8.30 P.M. on Unnao-Kanpur Road while he was on a scooter. One Kartar Singh was also seated on the scooter. He escaped with injuries but Amar Nath Misra died as a result of the injuries soon after. The accident occurred as a truck collided with his scooter. A report of the occurrence was lodged by one Ram Gopal same day at 9.05 p.m. at Gangaghat police station. It was stated in the report that the number of the truck could not be noted and it was not known who drove the truck and who was the owner thereof. By a Notification published in the U.P. Gazette dated 18th March, 1967 the State Government constituted a Tribunal (Motor Accidents Claims Tribunal) under sub-section (1) of Section 110 of the Motor Vehicles Act, Opposite party No. 2 filed another report on 22nd April, 1967 stating therein that such and such truck owned by petitioner No. 2 driven by petitioner No. 3 and insured with petiti




























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