BHOLA RAM Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1981-8-1
HIGH COURT OF HIMACHAL PRADESH
Decided on August 04,1981

BHOLA RAM Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Cited Judgements :-

HAMIRPUR COOPERATIVE TRANSPORT SOCIETY LTD. VS. KAUSBALYA DEVI AND ORS. [LAWS(HPH)-1982-7-16] [REFERRED TO]
BABURAM MAJHI VS. STATE OF ODISHA [LAWS(ORI)-2022-6-38] [REFERRED TO]
HIMACHAL ROAD TRANSPORT VS. PUNI DEVI [LAWS(HPH)-1992-7-2] [REFERRED TO]
G. INDIRANI VS. DEIVASILAI [LAWS(MAD)-2017-2-308] [REFERRED TO]
RAJPAL SINGH VS. THE UNION OF INDIA AND ORS. [LAWS(P&H)-1985-2-54] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. UNION OF INDIA [LAWS(GJH)-1986-12-7] [REFERRED]
ASWINI KUMAR DEKA VS. GENERAL MANAGER ASTC [LAWS(GAU)-1998-1-24] [REFERRED TO]
HIMACHAL ROAD TRANS. CORPN. VS. OM PRAKASH [LAWS(HPH)-1990-10-9] [REFERRED TO]
RAJPAL SINGH VS. UNION OF INDIA [LAWS(P&H)-1985-12-12] [REFERRED TO]


JUDGEMENT

T.R.Handa, J. - (1.)This appeal under Section 110-D of the Motor Vehicles Act, (here inafter called the Act) is directed against the judgment/award dated 7-7-1972 delivered by the Motor Accident Claims Tribunal, dismissing the claim petition of the appellants made under Section 110-A of the Act.
(2.)The facts and circumstances giving rise to this appeal may be briefly sketched like this. On 28-8-70 a truck bearing registration No. HIM 4135 was proceeding from Tatapani towards Simla. This truck was loaded with apple- boxes. Some of the apple boxes loaded on this truck belonged to Shri Prabhu Dayal (now deceased) and he was also travelling in the truck. This truck belonged to the Himachal Government Transport and at the relevant time was being driven by one Gian Singh, an employee of the Himachal Government Transport. When this truck reached near the place known as Ganasidhar, it fell down into a deep khud and was smashed. As a result of such accident, both, Shri Gian Singh driver of the truck and the said Shri Prabhu Dayaf died on the spot.
(3.)Shri Prabhu Dayal deceased was a young man of 39 years. He was a bachelor. He was survived only by his three brothers two of whom are the present appellants. -The appellants then filed a claim petition under Section 110-A of the Act before the Claims Tribunal claiming a' sum of Rs. 50,000/- as compensation on account of the death of Shri Prabhu Dayal who according to the appellants was then having a monthly income of Rs. 1,000/-. The contention of the appellants was that the accident had occurred due to the negligence of Himachal Government Transport, the respondent.
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