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1979 Supreme(MP) 3

FAIZAN UDDIN, C.P.SEN
STATE OF MADHYA PRADESH – Appellant
Versus
PREMABAI – Respondent


Advocates Appeared:
K.L.ISSRANI, M.L.JAISWAL, S.P.HAKIM

C. P. SEN J.

( 1 ) BY this Order, the connected Misc. (F) Appeal No. 253/73 (State of M. P. v. Smt. Budhi Devi) is also disposed of. Both these appeals arise out of the same accident. Two Claim Cases were consolidated and tried together by the Claims tribunal. The State has preferred these appeals under Section 110-D of the motor Vehicles Act, 1939 against the awards of compensation granted to the claimants amounting to Rs. 10,400/- and Rs. 12,720/- respectively.

( 2 ) THE facts not in dispute are that on 3-8-1971 at 7 p. m. , the jeep No. MPA 5586 which bore the emblem of UNICEF was invloved in an accident on the rewa-Gurha road resulting in the instantaneous death of two pedestrians ramavtar and Shivprasad. It is also not in serious dispute that the jeep in question was being driven rashly and negligently and that the two pedestrians were going by the left side of the road when they were run over. Shivprasad's widow Prembai preferred a claim before the Claims Tribunal claiming Rs. 1,26,000/- for the death of her husband, while Budhi Devi widow of Ramavtar preferred a claim of Rs. 86,000/- for the death of her husband. According to them. Kusum, respondent No. 2 was driving the jee


















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