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1982 Supreme(MP) 282

FAIZAN UDDIN, G.P.SINGH
RAMESH CHANDRA – Appellant
Versus
MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION, BHOPAL – Respondent


Advocates Appeared:
A.G.Dhande, R.P.TIWARI

G. P. SINGH, C. J.

( 1 ) THIS is an appeal under Section 110d of the Motor Vehicles Act, 1939, against an award dated 16th Feb. , 1970 by which the Motor Accidents Claims Tribunal, Hoshangabad, has allowed Rs. 9,000 to the appellants as compensation in respect of a motor accident. The appellants seek enhancement of compensation.

( 2 ) THE accident which led to the claim for compensation made by the appellants took place on 17th Dec. , 1976. In this accident, Vijai Kumar who was aged 19 years died. Appellant No. 7 Smt. Rewabai is the mother of the deceased. She, at the time of the accident, was aged 50 years. Appellants 1 to 6 are brothers and sister of the deceased. It may be mentioned at the outset that appellants 1 to 6 are neither the dependents mentioned in Section 1a of the Fatal Accidents Act, 1855, nor legal representatives under the Hindu Succession Act, 1956. Appellant No. 7 alone who is a dependent under the Fatal Accidents Act and also a legal representative in accordance with Section 8 and class 1 of the Schedule to the Hindu Succession Act, could have maintained the action for recovery of damages under Sections 1-A and 2 of the Fatal Accidents Act. The respondents have











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