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2002 Supreme(MP) 985

A.K.GOHIL
GENDALAL – Appellant
Versus
SHANKARLAL – Respondent


Advocates Appeared:
M.A.Bohra, M.K.SHARMA, S.S.SWAMI

GOHIL, J.

( 1 ) THE appellant-claimant has filed this appeal for enhancement of compensation under section 173 of Motor Vehicles Act against the award dated 15. 4. 1999 passed in Claim Case No. 5 of 1997 by the iv Member, Motor Accidents Claims Tribunal, Indore, whereby the Tribunal has exonerated the insurance company from its liability and declined to award interest on the amount of compensation, on account of delay by the claimant.

( 2 ) ADMITTEDLY, the incident took place from tractor-trolley Nos. MPI 8837 and mpi 8856. It is also admitted on record that at the time of accident, the vehicle was being driven by one Kailash and was carrying 'baraat'. The learned Tribunal exonerated the insurance company on the ground that the tractor was insured only for agricultural purposes and not for the purposes of carrying 'baraat' or passengers in the trolley. It is also not in dispute that one kailash s/o Gendalal was a cyclist who was hit by the tractor-trolley and died on the spot, in the said accident. At that time he was aged about 15 years and was the only son of Gendalal, who also died subsequently as a natural death. The claimant sunderbai is the widow of late Gendalal and the moth









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