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1991 Supreme(Raj) 641

M.C.JAIN
State of Rajasthan – Appellant
Versus
Laxmi Sharma – Respondent


Advocates:
For the Appellant:Mr. S.K. Vas, Advocate.
For the Respondents:Mr. R.K. Purohit, Advocate.

JUDGMENT

1. - This appeal has been filed under Section 110-D, Motor Vehicles Act, 1939, against the award of the Motor Accidents Claims Tribunal, Udaipur dated October 29, 1985 awarding compensation to the tune of Rs. 1,39,000/- with interest at the rate of 10 per cent per annum. The facts of the case giving rise to this appeal may be summarised thus.

2. On May 24,1983, the deceased Kailash Chandra Sharma, Assistant Engineer, Drilling and Hand Pump Division I, Public Health Engineering Department, Jaipur, was going in the Government jeep No. RRB 6279 on Government duty from Jaipur to Udaipur. The jeep was being driven by its driver Gajendra Singh, respondent No. 7. It overturned and fell in a deep ditch on the National Highway No. 8 in between Nathdwara-Delwara near village Nevra. He received serious injuries. He was immediately taken to the Government Hospital, Udaipur where he succumbed to his injuries on May 25, 1983. On August 29, 1983, a claim petition was filed claiming Rs. 4,30,000/-stating that the claimants were wholly dependent upon the deceased, he was 42 years of age at the time of the accident, his monthly salary was Rs. 2,356/-, the jeep belonged to the Government of R














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