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2007 Supreme(MP) 1189

S.A.NAQVI, RAJENDRA MENON
Amna – Appellant
Versus
Royal Transport Services – Respondent


Advocates appeared:
K. M. Mishra for Appellants; S. S. Bansal for Respondent.

Judgement

RAJENDRA MENON, J. :- This is claimants appeal under Section 173 of the Motor Vehicles Act seeking enhancement of the compensation granted by the Motor Accident Claims Tribunal, Vidisha in claim case No. 138/2002.

2. Claimants are the widowed mother and invalid brother of deceased Sajid Khan who was working as driver in truck bearing CII-7814. It is stated that on 28-8-02 when Sajid Khan was working as driver and was checking nut bolts of the wheels after parking the truck by the road side, a bus bearing No. M.P. 04-F-0526 belonging to respondent No. 1, driven by the respondent No. 2 and insured with respondent No. 3 came from the opposite direction, it was driven in rash and negligent manner and dashed against the truck, as a result injuries were sustained by Sajid Khan and he died on the spot. Inter alia contending that Sajid Khan was earning Rs. 3000/- as salary per month, was paid daily allowance of Rs. 75/-, appellant No. 1 widowed mother and appellant No. 2 handicapped brother are totally dependent upon the deceased claimed compensation of Rs. 13,60,000/-. On the basis of material and evidence that case on record learned tribunal assessed the income of Sajid Khan at R


















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