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1983 Supreme(Pat) 52

S.K.CHOUDHURI, R.N.PRASAD
Bihar State Rajya Transport Corporation, through its administration – Appellant
Versus
Sri Chandreshwar Mishra – Respondent


Advocates Appeared:
For the appellants :M/s. K. P. Verma, Advocate General, & R.N. Roy, J.C. to A.G.
For the respondents: M/s. Balbhadra Pd. Singh, & G. P. Singh & Mukteshwar Singh.

JUDGMENT

Ramnandan Prasad, J.

This appeal has been filed by the opposite parties of claim Case No. 38 of 1977/2 of 1979 under the provisions of Section 110D of the Motor Vehicles Act against the Judgment and award dated 1.7.80 given by Shri Chandra Shekhar Singh, District Judge of Vaishali, acting as Motor Vehicles Accident claim Tribunal. The amount of compensation allowed by the Tribunal is two lacs in all beside costs of Rs. 500 payable by the opposite parties- appellants to the claimants respondents.

2. Respondent no. 2 is the minor son of respondent no.1 who was the husband of the deceased Smt. Uma Singh. Their case was that the deceased, Smt. Uma Singh, who was a lecturer in political Science in Ram Sevak Mahila College, Sitamarhi had come to her father's place at Patna and was returning there on 9.9.1977.

She crossed the Ganges at Patna by Steamer. At Pahlezaghat she boarded a non-stop Rajya Transport Bus bearing no. B.H.F. 388, which was running from Siwan to Sitamarhi, at about 11.30 A.M. After seeing her off there, her husband left for Muzaffarpur by train for some other work. When the bus was about one or two kilo metres away from Goraul its left front tyre burst and the































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