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2005 Supreme(MP) 1244

ARUN MISHRA, M.NAMJOSHI
JITENDRA – Appellant
Versus
BHAI RAM – Respondent


Advocates Appeared:
ANIL LALA, RAKESH JAIN

ARUN MISHRA, J.

( 1 ) THIS appeal has been preferred by the claimants aggrieved by an award dated 26. 10. 1999 passed by First addl. Motor Accidents Claims Tribunal, khandwa in Claim Case No. 2 of 1999.

( 2 ) AS per the claimants, on 19. 11. 1998, deceased Ramchandra was travelling along with his agriculture produce, soyabean, in tractor-trolley from village Saiyyedpur to bhikangaon Krishi Upaj Mandi, on the way, the said tractor turned turtle as it was driven in a rash and negligent manner by bhai Ram. The tractor was owned by pannalal, whereas the trolley was owned by Dashrath. The tractor and trolley were insured with Oriental Insurance Co. Ltd. Owing to injuries sustained in the accident by Ramchandra, he died. He was initially treated at Khandwa, from where he was shifted to Gokuldas Hospital, Indore where he died next day.

( 3 ) THE claim petition was filed claiming compensation of Rs. 27,70,000. It was claimed that the deceased was earning a sum of Rs. 15,000 per month from agriculture. He was the main earning member of the family. Father of the claimant was aged 90 years. Deceased would have lived up to 90 years.

( 4 ) THE respondent Nos. 1 to 3, in their reply, contended t












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