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1989 Supreme(MP) 330

GULAB C.GUPTA
SARDAR ISHWAR SINGH TRUCK – Appellant
Versus
HIMACHAL PURI – Respondent


Advocates Appeared:
A.S.RAIZADA, M.A.Khan, R.P.Verma

GULAB C. GUPTA, J.

( 1 ) THIS first appeal filed under S. 110d of the Motor Vehicles Act, 1939 (hereinafter referred to as THE ACT) is by the owner and the driver of the goods vehicle No. CPI-6202 and is directed against the award dated 18-9-1984 passed by Shri P. Mahta, Motor Accident Claim Case No. 16 of 1982 awarding a sum of Rs. 12,500/- in favour of Respondent Nos. 1 to 3 as compensation for accidental death of Shri Laxman Puri, Smt. Jamunabai and Smt. Nageser Bai.

( 2 ) THE respondents by filling their claim before the learned tribunal under S. 110 of the Act submitted that the truck aforesaid was being driven by the appellant No. 2 in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. It was alleged that the appellant No. 2 lost control of the truck because of its high speed and hence the truck got turitle and killed the aforesaid three persons on the spot. Since the respondents claimed to be the legal representatives of the deceased persons they claim compensation in accordance with law. The appellants denied their liability to pay any compensation and submitted that the










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