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2007 Supreme(All) 535

V.M.SAHAI, SABHAJEET YADAV
Manjula Devi Mishra – Appellant
Versus
Commercial Motors, Kanpur – Respondent


JUDGEMENT:- This appeal has been filed by the widow, son and mother of the deceased Awadhesh Kumar Mishra claiming compensation Rs. 11,40,000/- for the death of Awadhesh Kumar Mishra in an accident that took place on 23-1-1994whileAwadhesh Kumar Mishra driver along with his co-driver and the cleaner was proceeding on truck No. UP 78B/0449 on 23-1-1994 at about 12.30 P.M. from Fatehpur to Kanpur via G. T. Road. The deceased Awadhesh Kumjar Mishra was driving the truck. As soon as the truck reached in front of Chauhan hotel situated at G.T. Road, some mischievous and unruly boys who were standing by the side of the hotel gave signal to stop the truck. The deceased driver declined to stop the truck which infuriated the aforesaid boys and they started pelting brick-bats at the vehicle. The brick-bats hit Awadhesh Kumar Mishra over his eyes, as a result of which the vehicle was dis-balanced and fell into a ditch and dashed against a Babool tree lying on the side of the road. Consequently Awadhesh Kumar Mishra, driver and co-driver Dharmendra both died on the spot instantaneously. These deaths were attributed to the injuries sustained by the deceased in the aforesaid accident which occur












































































































































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