R.D.VYAS, SHAMBHOO SINGH
SITABAI – Appellant
Versus
ISHAK HUSSAIN – Respondent
( 1 ) THIS appeal is directed by the claimants against the award dated 11. 10. 1996 passed by Motor Accidents Claims Tribunal, Rajgarh (Biaora) in claim Case No. 8 of 1989 whereby compensation of Rs. 15,000 was granted.
( 2 ) THE appellants-claimants' case, in brief, was that on 14. 11. 88 the respondent-non-applicant No. 1, the owner and the driver of Matador bearing registration No. MID 9056 took the deceased Gulabsingh in his vehicle and left Sarangpur for Rajgarh for bringing one patient to Indore. When they came 6 km. towards Pachore, the vehicle left the road and dashed against a tree as it was being driven in a rash and negligent manner. The deceased sustained injuries. He was taken to Biaora Hospital where he died on the next day, i. e. , on 15. 11. 1988. Respondent No. 1 lodged false report at P. S. Rajgarh that the vehicle was being driven by the deceased. The deceased was working as helper in M. P. E. B. on the salary of Rs. 1,000 per month. The claimants filed claim case seeking compensation of Rs. 3,00,000. Respondent No. 1 contested the claim. He admitted that the deceased died in the motor accident. His case was that accident occurred due to rash a
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