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2001 Supreme(MP) 112

BHAWANI SINGH, ARUN MISHRA
KAUSHALYA BAI – Appellant
Versus
RAMKISHAN KIRAR – Respondent


Advocates Appeared:
B.N.MALHOTRA, K.N.Gupta, R.D.Jain

ARUN MISHRA, J.

( 1 ) CLAIMANTS have filed the present appeal aggrieved by dismissal of their claim petition which was filed under section 166 of the Motor Vehicles act, 1988. The appellants claimed compensation for the death of Shambhu Dayal sharma in an accident dated 11. 6. 90, who was serving as a Forest Guard in the Forest department and was posted at Kolaras, district Shivpuri. Claimants averred in the claim petition that at about 6-6-30 p. m. when the deceased was performing his duty at village Ropura, within the periphery of the Police Station, Tenduwa, the non-applicant No. 2 Bhanu alias Chandrabhan, son of Ramkishan Kirar was driving the tractor-trolley in question, which was owned by non-applicant No. 1 Ramkishan kirar, at that time, deceased Shambhu dayal Sharma intercepted the tractortrolley to check it as it was carrying in it forest produce, wood, etc. , which were collected by committing theft in forest area. As soon as the Forest Guard Shambhu dayal Sharma came in front to note down the registration number of the tractortrolley, the driver drove it on being instigated by one Kalla sitting in the tractor, as a result of which deceased Shambhu Dayal sharma was dashed


























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