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1998 Supreme(MP) 716

R.P.GUPTA
ASHOK – Appellant
Versus
NARMADA BAI – Respondent


Advocates Appeared:
Neeraj Vegad

R. P. GUPTA, J.

( 1 ) THIS appeal is directed against the award dated 6. 1. 1995 given by the Motor Accidents Claims Tribunal, khandwa, whereby a sum of Rs. 57,600 was awarded in favour of respondent No. 1 as compensation for the death of her son dinesh, aged about 26 years against the appellant. The death occurred due to injuries suffered in a road accident wherein a motor cycle No. MP-12-1404 slipped and fell on the road. It was being driven by the owner Ashok and the deceased Dinesh was sitting on the pillion seat. Both of them suffered injuries but Dinesh died the next day. Claimant-respondent No. 1 is the mother of Dinesh. The compensation of rs. 57,600 was awarded in favour of respondent No. 1 against appellant No. 1 and not against the insurance company. The appellant has raised two-fold contentions: (1) that insurance company should have been made liable when it was found established that the motor cycle was insured comprehensively, and (2) that the amount awarded was excessive.

( 2 ) AFTER perusing the evidence available on the record of the Tribunal, I find that the assessment of the Tribunal that the deceased was earning Rs. 600 p. m. at least as an employee at private s














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