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1987 Supreme(MP) 410

T.N.SINGH, R.M.RASTOGI
LACHIYABAI – Appellant
Versus
DARSHAN SINGH – Respondent


Advocates Appeared:
R.C.Lahoti

T. N. SINGH, J.

( 1 ) THE claimant comes from a rural background. She used to earn her livelihood as a daily labourer. Because she suffered a serious injury which left her cripple, she lodged a claim under S. 110a of the Motor Vehicles Act, 1939, for short, the Act, for compensation. The application was duly entertained by the Motor Accident Claims Tribunal Guna, for short, the Tribunal. The vehicle was self-driven and the owner filed written statement, but admitted position also is that he did not enter into the witness box. The Insurance Company was also impleaded, but filed no written statement and even did not examine any witness in support of its case.

( 2 ) WE are indeed not amused at all, but are rather taken aback reading the impugned award. There is a discussion on merit on all aspects of the claim and findings are recorded on the material questions and yet, holding the application to be time-barred, the claim was rejected. One material finding which is assailed seriously in this appeal we may refer at once. The respondents were absolved of the liability also on the ground that negligence of the Driver wins not pleaded and rashness was not proved. However, evidence was sti













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