Honble YADAV, J.–The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against dismissal of claim petition dated 27.8.92 passed by the Motor Accident Claims Tribunal, Banswara.

(2). The brief facts leading upto filing of the appeal which are relevant for its just decision are that in Paragraph 11 and 13 of the claim petition it is specifically pleaded that on 14.9.85 at about 6.30 p.m. deceased Dwarka Prasad Sharma alongwith other persons after performing their official work at Banswara were returning back to Gatol in a departments Jeep bearing registration No. RJB 2004. It is further pleaded that the said Jeep was being driven by respondent No.2 Navin Chandra Suthar. When the said Jeep reached near `Mahi Rest House due to rash and negligent driving of respondent No.2 it met with an accident resulting in severe injuries to the persons sitting in it, including Dwarka Prasad who was immediately taken for treatment to M.G. Hospital, Banswara where he succumbed to his injuries on 16.9.85.

(3). It has also pleaded in the claim petition that at the time of accident, decea- sed was a young and healthy man of 35 years of age and he was drawing Rs. 1330/- per mon

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