K K SHARMA Vs. NIRMAL SINGH

JUDGEMENT

(1.) THIS judgment of ours would dispose of L. P. A. Nos. 614 of 1986 and 617 of 1986. In order to understand the precise point involved herein, it is necessary to have a brief look at the facts of the case.

(2.) AS many as 8 persons were travelling in a tractor-trolley No. HEY 779 when it met with an accident with Truck No. HYE 2282. The truck was owned by the appellant. Out of the eight persons, six died whereas two suffered injuries. No claim petition was filed by the injured persons whereas as many as six claim petitions were filed by the heirs of the deceased. The Motor Accident Claims Tribunal after holding the truck driver to be negligent in driving awarded different amounts of compensation to the heirs of the deceased with which this Court is not concerned as only in two cases first appeals were filed by the appellant and after the dismissal of those appeals by the learned Single Judge, two appeals under Clause X of the Letters Patent have been filed before a Division Bench.

(3.) THE appellant feeling aggrieved against the judgment of the learned Single Judge has filed the appeals which as has been observed above are being disposed of herein.