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1965 Supreme(MP) 157

SHIV DAYAL, S.P.BHARGAVA
INDIAN TRADE AND GENERAL INSURANCE CO. LTD. – Appellant
Versus
MADHUKAR GOVIND RAO BHAGADE – Respondent


Advocates Appeared:
A.P.SEN, R.J.BHAVE

SHIV DAYAL, J.

( 1 ) THIS appeal under Section 110-D of the Motor Vehicles Act, is from the award of the Motor Accident Claims Tribunal (hereinafter called the Tribunal) whereby a sum of Rs. 8,600 has been allowed as compensation to the respondent against the three appellants. They have appealed. The claimant has filed cross objections.

( 2 ) THE respondent was going in a rickthaw on the Mahatma Gandhi Road, Raipur, from Manohar Talkies side towards Sharda Chowk. In front of the Mahakoshal press, the rickshaw was dashed against by a motor truck. No. M. P. R. 2656, belonging to the Lucky Bharat Garage, (appellant No. 2 ). Baldeoraj (appellant 3)was driving the truck. The respondent's case was that the truck was being driven at a very great speed. As a result of the above accident, he received serious personal injuries. He was admitted to the D. K. Hospital, Raipur, for treatment. His monthly income was about Rs. 260. He claimed Rs. 750 for the medical expenses incurred; Rs. 10,000 as general damages and Rs. 4,250 as exemplary damages for loss of employment and business; total Rs. 15,000.

( 3 ) THE appellants resisted the claim contending that the truck had been parked on the katcha

















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