KRISHAN DUTT Vs. PREMI DEVI
LAWS(HPH)-1997-7-12
HIGH COURT OF HIMACHAL PRADESH
Decided on July 24,1997

Krishan Dutt Appellant
VERSUS
PREMI DEVI Respondents





Cited Judgements :-

LATA VS. UNITED INDIA INSURANCE CO LTD [LAWS(HPH)-2004-10-13] [REFERRED TO]
H.R.T.C. VS. BREEKAN DEVI [LAWS(HPH)-2005-6-38] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SATYA DEVI [LAWS(HPH)-2002-4-4] [REFERRED TO]


JUDGEMENT

ARUN KUMAR GOEL, J. - (1.)WE propose to take up all these four appeals along with cross objections filed by the claimants in F.A.O. (MVA) Nos. 221 and 222 of 1989 since they have arisen out of the same case as well as by the single award passed by the Motor Accidents Claims Tribunal, Solan.
(2.)CLAIM petition No. 87-S/2 of 1987 was filed by Hem Shankar (hereinafter referred to as 'the claimant') in respect of the injuries sustained by him against Krishan Dutt (hereinafter referred to as 'owner'), Raj Kumar (hereinafter referred to as 'the driver') and the Oriental Insurance Co. Ltd. (hereinafter referred to as 'the insurer'). Motor Accident Claim Petition No. 94-S/2 of 1987 came to be filed by Ajit Singh and Dheeraj Kumar (minors) through their mother and natural guardian, Premi Devi, who along with the mother of the deceased also claimed compensation.
Brief facts of this case are that claimant Hem Shankar who is a vegetable grower and late Joginder Singh were travelling in truck bearing registration No. HIA 637 being driven by the driver on the night intervening 2/3.9.1987 when, according to claimants in both the cases, on account of rash and negligent driving on the part of the driver, it met with an accident near Jabli on the Kalka-Shimla National Highway at around 12.30/1.00 a.m. At such point of time, Hem Shankar was travelling in the truck along with the goods, tomatoes and cucumber and he boarded the ill-fated truck from village Chabecha while it was on its way to Chandigarh.

(3.)IN the case filed by claimant Ajit Singh and others, Joginder Singh who was working as a mechanic was also travelling along with boxes of tomatoes and cucumber.


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