DIPAK MISRA, R.S.JHA
HIRA BAI – Appellant
Versus
PRATAP SINGH – Respondent
( 1 ) THE claimants-appellants, the legal representatives of deceased Lakhan Singh Lodhi (hereinafter referred to as 'the claimants'), have called in question the sustainability of the award dated 31-1-2005 passed in Claim Case No. 66/03 by the First Additional Motor Accident Claims Tribunal, Sagar (in short 'the tribunal' ).
( 2 ) THE facts which are essential to be stated for adjudication of this appeal are that on 23-10-2002 Lakhan Singh Lodhi was seated in a tractor bearing registration No. M. P. 15/f-2354 belonging to Pratap Singh the respondent No. 1, for the purpose of ploughing the field of one Khalak Singh and at that juncture the tractor turned turtle as a result of which Lakhan Singh came underneath the said tractor and breathed his last at the spot. A report was lodged by khalak Singh son of Roop Singh Lodhi at the Police Station, Gorjhamar and accordingly a criminal case under Section 304-A of the Indian Penal Code was registered. Because of the death of Lakhan Singh his legal representatives initiated an action under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation of Rs. 26,10,000/- on the ground that the deceased was aged about 2
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