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2008 Supreme(SC) 1158

S.B.SINHA, CYRIAC JOSEPH
Samundra Devi – Appellant
Versus
Narendra Kaur – Respondent


JUDGMENT

S.B. Sinha, J.

Leave granted.

2. This appeal is directed against a judgment and order dated 16.05.2005 passed by the High Court of Madhya Pradesh at Jabalpur reducing the amount of compensation awarded in favour of the appellants herein by the Tribunal from Rs.13,32,000/- to Rs.6,96,000/- in an appeal preferred by the claimants in terms of Section 173 of the Motor Vehicles Act, 1988.

3. One Shiv Shakti Singh while proceeding in a car on 9.4.1998 met with an accident having been hit by a truck bearing registration No. MP- 09-KA-6899. The said truck was owned by the first respondent herein and was being driven at the relevant time by the second respondent. The said truck was insured with the respondnt No.3. As a result of the injuries sustained in the said accident, Shiv Shakti Singh died. The car was also damaged.

4. Appellants herein filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for a sum of Rs.31,89,000/-. One of the contentions raised by respondent No.1 was that the accident took place owing to the acts of negligence on the part of the deceased himself. Respondent No.3 furthermore contended that the respondent No.2 did not poss

































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