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1998 Supreme(Pat) 46

LOKNATH PRASAD
Govind Sao – Appellant
Versus
Surjit Singh Mahal Alias Bhola Babu – Respondent


Judgment

L.N.Prasad, J.

1. This appeal is directed against the judgment dated 11.6.1992 passed by Mr. Shyam Kishore Sharma, 4th Addl. District Judge-cum-Motor Accidents Claims Tribunal, Dhanbad in Title (MV) Suit No. 63 of 1991 which was heard and tried analogous with Title (MV) Suit No. 60 of 1991.

2. The fact of the case, in short, for the purpose of this appeal is that the deceased Devendra Sao was going on a motor cycle when bus No. WMH 7845 suddenly came from behind and dashed against the motor cycle causing fatal injuries to the deceased on account of which two claim cases were instituted, one by the parents in Title (MV) Suit No. 63 of 1991 and the other by the widow in Title (MV) Suit No. 60 of 1991, wherein the Tribunal came to the conclusion that the vehicle was fully insured with the insurance company and accident was caused due to rash and negligent driving of the bus by the driver, after applying the multiplying theory, the Tribunal granted a sum of Rs. 96,000 (Rupees ninety-six thousand) to Shakuntala Devi, widow in Title (MV) Suit No. 60 of 1991, which was allowed, while Title (MV) Suit No. 63 of 1991 preferred by the parents of the deceased was dismissed. Being aggri



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