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2001 Supreme(MP) 53

BHAWANI SINGH, ARUN MISHRA
PREM BAI – Appellant
Versus
RAMESH – Respondent


Advocates Appeared:
Shobha Menon

BHAWANI SINGH, C. J.

( 1 ) THIS appeal is directed against the award dated 5. 11. 1993 of the Motor Accidents Claims Tribunal, bhopal in M. C. C. No. 41 of 1993.

( 2 ) CLAIMANTS are widow and son of the deceased Sattulal. Deceased Sattulal was truck driver in truck No. CIQ 755. He was going from Indore to Sagar and when he reached near village Kharkhedi at about 1 a. m. , vehicle No. MIB 7246, driven rashly and negligently by respondent Ramesh, owned by Kuldeep Singh and insured with oriental Insurance Co. Ltd. dashed against this vehicle. As a result of this accident, sattulal received injuries due to which he died on the spot.

( 3 ) CONSEQUENTLY, a claim petition was filed against respondents for compensation of Rs. 2,20,000. Allegation is that accident took place due to the rash and negligent driving of vehicle No. MIB 7246 by driver ramesh, otherwise the accident would not have taken place. The claimants were dependent on the deceased for survival. The deceased was earning Rs. 3,000 per month plus Rs. 30 daily allowance.

( 4 ) RESPONDENTS, owner and driver of the vehicle, did not file any statement before the Tribunal. Insurance company has admitted that truck No. MIB 7246 was









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