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2006 Supreme(MP) 148

A.P.SHRIVASTAVA, A.K.MISHRA
SHIVA DEVI JADON – Appellant
Versus
SHIV KUMAR SHARMA – Respondent


Advocates Appeared:
B.N.MALHOTRA, JITENDRA SHARMA, R.P.Gupta, VIJAY SUNDARAM

MISHRA, J.

( 1 ) THESE appeals have been preferred by the claimants for enhancement of compensation and for saddling the liability on the insurer. They are aggrieved by an award dated 12. 7. 2000, passed by the Fourth Additional Motor Accidents claims Tribunal, Morena in Claim Case nos. 78 and 79 of 1999.

( 2 ) BRIEFLY stated the facts are that on 17. 6. 1993 when Tejsingh was going from joura to Morena on his motor cycle (CIR 2140), which was dashed by bus (MP 07-9750)driven by Ramsingh, owned by Shiv kumar Sharma and insured with National insurance Co. Ltd.

( 3 ) REPORT of the accident was lodged. Case was registered against the driver at crime No. 122 of 1993. Tejsingh succumbed to the injuries. His age was 23 years. He was an agriculturist and contractor. It was claimed that he was earning a sum of rs. 1,800 per month. Widow and sister of the deceased were dependent upon him. The compensation of Rs. 43,20,000 was claimed.

( 4 ) THE owner of the bus, in the written statement, contended that the deceased himself drove the motor cycle in a rash and negligent manner. The owner and the insurer of motor cycle were also the necessary party. As the vehicle was insured, liability is tha



















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