G. P. SINGH, J. FOR HIMSELF AND S. M. N. RAINA J.

( 1 ) THIS order shall also dispose of Miscellaneous First Appeal No. 191 of 1971 and Miscellaneous First Appeal No. 16 of 1972.

( 2 ) THE facts leading to these appeals are that a motor vehicle bearing registration number MPJ 9132 was involved in an accident on 3rd June 1965 at nainpur in which one Babulal died. Babulal's widow and son, namely, Radhabai and Ravishankar, applied to the Motor Accidents Claims Tribunal for award of compensation. The Tribunal by its award, dated 18th September 1971, has allowed the claim for compensation to the extent of Rs. 9,486/ -. Interest from the date of the claim petition upto payment at the rate of 4% per annum has also been allowed. All these appeals have been filed against the award.

( 3 ) THE facts found are that the vehicle involved in the accident belonged to the state and that at the relevant time it was allotted to the Primary Health Centre, nainpur. At about 10 P. M. , one Satyanarayan approached Dr. Tiwari, Assistant civil Surgeon, Nainpur, with a request that the vehicle be allowed to be taken to a place at a distance of 12 miles from Nainpur where some children were seriously ill wit

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