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1969 Supreme(Del) 180

O.M.PRAKASH
CHAODER MOHAN – Appellant
Versus
D. C. KAPUR – Respondent


OM PARKASH

( 1 ) THIS is a suit for the recovery of Rs. 40,000. 00. as compensation, on account of the death of Mrs. Shashi Prabha. The suit, which was filed in forma pauper is, is based on the following allegations :-

( 2 ) ON the 18th August, 1962, at about 1. 30 p. m. , defendant No 1 had taken Shashi Prabha, the mother of the plaintiffs, and wife of defendant No. 3, in a motor car, which was insured with defendant No. 2, to Meerut. On the way, defendant No. 1 had driven the car recklessly and negligently as a result of which it had turned turtle at about 5 miles from Meerut and Mrs. Shashi Prabha had received grievous crush injuries and had died within an hour. Defendant No. 1 had caused the death of Mrs. Shashi Prabha by his rash, negligent and reckless driving and was liable to pay compensation to the plaintiffs for causing the death of their mother. Mrs. Shashi Prabha was only 30 years old. She enjoyed a very good health. The plaintiffs were dependant on her for their proper upbringing and she also looked after the entire household and rendered all sorts of services to the plaintiffs. After the death of their mother, a servant was engaged for looking after the plaintiffs by th































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