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1988 Supreme(MP) 108

S.K.DUBEY
DEVJI – Appellant
Versus
ANWARKHAN – Respondent


Advocates Appeared:
S.Samvatsar, SURJIT SINGH

S. K. DUBEY, J.

( 1 ) POOR parents, brothers and sisters of the young deceased Ratanlal, aged 22 years, who died in a motor accident on 19-1-1977 by motor bus No. MPU 5039 owned by respondent 1, i. e. Anwar Khan, driven by respondent 2 Prabhusingh and insured at the relevant time, with respondent 4, the New India Assurance Company Limited, claimed compensation of Rs. 30,000/- by filing an application under S. 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Act" ). The respondent-non-applicants denied the allegations. After appreciation of the evidence, the learned Tribunal held that the accident occurred due to rash and negligent driving of the driver of the vehicle and held that the driver, the owner and the insurer are liable to pay compensation.

( 2 ) THE learned Tribunal, strangely enough, awarded the compensation for the death of a 22 years young and an earning member, only Rs. 4,200/- to the claimants after observing that the widow of the deceased has been remarried. The deceased was earning Rs. 110/- per month and as the widow has remarried, after deducting the expenses on the deceased on self, the dependency was calculated at Rs. 35/- per month. The an













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