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1999 Supreme(MP) 39

B.A.KHAN, SHAMBHOO SINGH
MADHYA PRADESH STATE ROAD TRANS. CORPN. – Appellant
Versus
PRIYANK – Respondent


SINGH, J.

( 1 ) THE owner M. P. S. R. T. C. has filed this appeal for reduction of compensation amount awarded to the claimant by additional Motor Accidents Claims Tribunal, Barwaha, in Claim Case No. 11 of 1994 passed on 28. 11. 1997 whereby compensation of Rs. 2,74,905 was awarded.

( 2 ) THE claimant's case was that on 16. 8. 1993, he boarded bus No. MBH 843 belonging to M. P. S. R. T. C. and driven'by non-applicant No. 2 at Barwaha. When this bus stopped at Sanawad for payment of octroi, claimant also alighted from it. When the conductor came after paying octroi and the claimant was boarding the bus, the driver all of a sudden moved the bus. The gate of this bus dashed against the back portion of other bus which was standing nearby and the claimant fell down from the bus and sustained injuries on his head, finger and pelvis. He was taken to Sanawad Hospital and from there he was shifted to Gokuldas Nursing Home, indore and thereafter to Bombay. It was revealed that he had comminuted fracture of the supra acetabulum ileum and anterior rim of acetabulum with posteriomedial rotation of fracture fragment and minimal lateral subluxation of femoral head on left side. His pelvis bone w







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