S. K. KULSHRESTHA AND A. K. TIWARI, JJ.

( 1 ) THIS appeal under section 173 of the Motor vehicles Act is directed against the award dated 8. 2. 2005 of the Motor Accidents claims Tribunal, Indore in Claim Case No. 181 of 2002 insofar as it declines to grant compensation as claimed by the appellants under section 166 of the said Act.

( 2 ) THE said claim was filed in respect of death of Mahesh Chandra Shrivastava, husband of Shail Shrivastava, appellant no. 1 and father of appellant Nos. 2 and 3, namely, Anurag and Aditya and a sum of Rs. 75,00,000 was claimed as compensation.

( 3 ) MAHESH Chandra Shrivastava was a professor in G. S. I. T. S. Engineering College, Indore. His date of birth was 15. 8. 47. It was not disputed that on the date of incident, a tanker bearing registration No. NL 01-A 4705 was parked on the road, as there was some fault. It was also not disputed that as a result of collision with the said tanker and vehicle Toyota bearing registration No. MH 04-AY 7595, a case under section 304-A of the Indian Penal Code was launched against Kundiram Shinde, respondent No. 2, allegedly the driver of the vehicle. The death of Mahesh Chandra shrivastava was also not disput

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