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2002 Supreme(MP) 402

BHAWANI SINGH, RAJENDRA MENON
SURYAMUKHI DEVI – Appellant
Versus
SHIV PRASAD – Respondent


Advocates Appeared:
Sheel Nagu

BHAWANI SINGH, C. J.

( 1 ) THIS appeal is directed against the award of the Motor accidents Claims Tribunal, Sidhi, dated 20. 4. 2000, in M. C. C. No. 78 of 1996.

( 2 ) SURYAMUKHI Devi (47) is mother of deceased Rajesh Das (19 ). Deceased had gone from Amlori Colony to Nava Nagar, waidhan, on motor cycle for boarding bus. At Nava Nagar crossing, Manoj Kumar, who was driving the motor cycle, stopped it on the left side of the road. While three occupants of the motor cycle were getting down, truck No. MVA 4077 driven at a high speed rashly and negligently, dashed against the deceased and other two occupants, who also sustained injuries.

( 3 ) CRIME No. 11 of 1996 for offence under sections 279, 337 and 304-A of the indian Penal Code was registered against the respondent No. 1 (driver of the truck), which gave rise to Criminal Case No. 181 of 1996 before the Judicial Magistrate, 1st class, Waidhan.

( 4 ) THE appellant-claimant had claimed compensation for death of her son rajesh Das to the extent of Rs. 5,61,525. She alleges that the deceased had been selected for mining course. The deceased was to get admission in Dhanbad Mining School for Diploma in Mining Engineering. Definitely, h











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