NATIONAL CARRIERS Vs. M.J.STONE
HIGH COURT OF HIMACHAL PRADESH
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T.U.MEHTA,C.J. - -
(1.) These three appeals are preferred against the Judgment recorded by a learned single Judge of this Court in F. A. O. Nos. 25, 27 and 28 of 1972 on March 19, 1975 remanding the cases to the Motor Accidents Claims Tribunal for ascertaining the amount of compensation payable to the claimants who are some of the respondents in these three appeals.
(2.) Short fact of the case which form the back -ground of these appeals can be stated as under.
(3.) The claims made by the claimants in these matters had arisen out of the motor accident which took place on 20th December, 1968 at about 2.50 p. m. at a place which is situated on Hindustan Tibet Road at a distance of about three miles from Wangtu bridge towards Kalpa side. It is found from the record of the case that a petrol tanker bearing No. HRA 1807 belonging to the appellants Messrs National Carriers was going towards Kalpa side and is said to have been driven by its driver one Shri Gajender Singh on the wrong side, i.e. on the right hand side which was towards the bank of the river Sutlej. While that tanker was negotiating a curve, one military truck bearing No. HC 15455 came from the opposite direction and dashed against this petrol tanker. Case of the present appellants is that the petrol tanker was stationary at the time of the collision. This controversy, however, is not relevant for the purpose of these appeals at this stage.;
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