Decided on September 04,1984

PREM CHAND Appellant
Jasoda And Ors. Respondents


Guman Mal Lodha, J. - (1.)THREE Misc. Claim Petitions (Nos. 1, 6 and 7 of 1977) decided by one common judgment/award dated 16th July, 1981, of the Motor Accidents Claims Tribunal, Bharatpur are subject matter of the five appeals before this Court.
(2.)S .B. Civil Misc. Appeal Nos. 129 of 1981 and 99 of 1982 relates to the claimants, Ramshree and others. S.B. Civil Misc. Appeal Nos. 128 of 1981 and 22 of 1982 relates to the claimants, Jasoda and others. S.B. Civil Misc. Appeal No. 130 of 1981 relates to the claimants, Govind Saran and others, the owner of the motor cycle.
These five appeals were heard together. In S.B. Civil Misc. Appeal No. 22 of 1982, Mr. Srivastava submitted that he would not like to press appeal against the driver -Mohansingh and therefore, it may be heard even though he has not been heard.

(3.)NOW coming to the facts of the accident. It may be mentioned that on 15th December, 1976, Mahendra Singh, husband of Mrs. Ramshree and Purshottam Lal, the husband of Mrs. Jasoda, both, were coming on motor cycle No. RJD 7623 towards Paramdara village from Guhana village. When they turned towards Deeg, on the main Kama route, the truck USO 4427 fully loaded going towards Deeg, struck the motor cycle from behind. Purshottam Lal fell away with jump and the truck crushed Mahendra Singh and the motor cycle was dragged to 30 yards from the site of the accident. Mahendra Singh died on the spot and Purshottam breathed his last in the hospital soon thereafter at Deeg. The motor cycle relates to Hindustan Krishi Yantralaya, Deeg. The truck owner was Premchand and the driver Mohansingh. The truck was insured with New India Assurance Company.

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