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1984 Supreme(MP) 404

V.D.GYANI, P.D.MULYE
SHABBIR AHMAD – Appellant
Versus
M. P. S. R. T. C. , BHOPAL – Respondent


Advocates Appeared:
P.K.Porwal, SAMDANI

V. D. GYANI, J.

( 1 ) THIS is an appeal preferred under Section 110-D of the Motor Vehicles Act, 1939, by the appellants, who are parents of the deceased Salim Ahmed. It arises out of an award dt. 30-9-1981, given by the Member, Motor Accidents Claims Tribunal, Jhabua, in Claim Case No. 8 of 1980.

( 2 ) THE facts of the case in brief are that on 6-5-1980, by about 6. 30 p. m. a passenger-bus No. CPH-8567, belonging to the respondent 1 was coming from Ahmedabad to Indore. It was being driven by respondent 3 Nisar Ahmed. The bus had left Jhabua and was nearing village Kalidevi, which is situated on the highway at a distance of about 20 Kms from Jhabua on Ahmedabad Indore Road. The appellants' case is that the respondent 3 was driving the bus in a rash and negligent manner. Salim Ahmed, a boy aged about 15 years, was coming on a bicycle from Kalidevi. The bus dashed against the boy from the front side, as a result of which Salim Ahmed died on the spot. According to the appellants the bus was being driven at such an excessive speed that it could only be stopped at a distance of about 20 meters from the place of the accident.

( 3 ) THE appellants claimed compensation of Rs. 1,25,400/- f












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