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1997 Supreme(Pat) 244

B.P.SHARMA
Binod Kumar Choudhary – Appellant
Versus
Kamal Narain Thakur – Respondent


Judgment

B.P.Sharma, J.

1. The present appeal has been filed against the award of the Claims Tribunal, Madhubani, under the Motor Vehicles Act, 1939 , dated 8.5.1995 and the order of review dated 9.1.1996 in Claim Case No. 13 of 1987 and Review Petition No. 33 of 1995 respectively.

2. The learned Tribunal had allowed the claim of the respondent No. 1 on account of the death of his son in a motor accident and had awarded Rs. 1,00,000 as compensation with interest at the rate of 6 per cent per annum on the same from the date of filing of the petition. The appellant herein happens to be the owner of the vehicle involved in the accident.

3. A brief history of the case is like this. It appears that one young boy, Sanjay Kumar Thakur of Narpat Nagar, within the Police Station Sakri in the district of Madhubani met with an accident on 12.7.1987 in the forenoon, while he was standing near a road crossing at Sakri. It appears that a bus was standing on the road at that place and while the deceased Sanjay Kumar Thakur was standing on the left side of the road, a taxi, bearing registration No. BHQ 4681, came from behind and while swaying to overtake the bus standing there, hit the deceased and



















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