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2006 Supreme(UK) 324

P.C.VERMA, B.C.KANDPAL
Dharmawati Devi And Ors. – Appellant
Versus
Gurbachan Singh – Respondent


JUDGMENT

P.C. Verma, J.

1. This appeal has been preferred by the appellants against the judgment and order dated 21st February, 1990, passed by the Motor Accident Claims Tribunal, Nainital (hereinafter referred as 'the Tribunal') in Motor Accident Claim No. 41 of 1981, Smt. Dharamawati Devi and Ors. v. Gurucharan Singh and Ors., whereby the claim petition was dismissed by 'the Tribunal'.

2. Brief facts of the case are, that on 25th November, 1980, at about 1.30 p.m. Karan Singh was standing on the Kachhi Patri of road near the east of Lok Bastra Ekkai Haripara and persuaded the farmers not to supply sugarcane to the factory. one tractor bearing registration No. UTF 6339 driven by Gurcharan Singh-opposite party No. 1 in a very rash and negligent manner came there and crushed the deceased. The claimant claimed Rs. 15,00,000 as compensation. At the time of accident, the deceased was practising lawyer. He was aged 46 years arid his professional income was Rs. 1,000 and by agriculture and other income comes to Rs. 5,000. The deceased was a promising practising lawyer and was income-tax assessee. Therefore, the claimants filed a claim petition before the Tribunal concerned in lieu of the de



































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