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2000 Supreme(MP) 797

BHAWANI SINGH, ARUN MISHRA
PRABHABATI – Appellant
Versus
BEERU – Respondent


Advocates Appeared:
S.L.Kochar, Sanjay Agrawal, Vishal Dhage

BHAWANI SINGH, C. J.

( 1 ) THIS appeal is directed against the award dated 7. 8. 1997 of Additional Motor Accidents Claims tribunal, Multai in the Claim Case No. 27 of 1996. The claimants are parents of the deceased. They are not satisfied with the award, hence this appeal for enhancement of compensation.

( 2 ) FACTS briefly are that deceased Ballu alias Kamlakar Rao was studying in 10th class. Due to crowd, he stood near the door of the bus. The bus received jolt as a result of which he fell down resulting in injuries. He died in the hospital. Case No. 215 of 1996 was lodged in the court of Additional judicial Magistrate arising out of this accident. Allegation of claimants is that the accident took place due to negligence of the driver, since deceased was trying to get into the bus and due to jolt received by the bus he slipped and fell down resulting in the injuries. The allegation is opposed by other side and they say that accident did not take place due to their negligence. Insurance company states that due to violation of conditions of insurance policy, it is not responsible for making payment of compensation.

( 3 ) THE Tribunal found that accident happened as alleged by the





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