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1996 Supreme(MP) 847

S.K.DUBEY, USHA SHUKLA
M. P. S. R. T. C. – Appellant
Versus
Jagrania – Respondent


Advocates:
A.G. Dhande with Yogesh Dhande for appellants;
Ku. Tripti Kholia for respondents No.1 & 2.

ORDER

S.K. Dubey, J. -- 1. By this appeal under Section 173 of the Motor Vehicles Act, 1988 (Act) the appellants challenge the award dated 11.7.1994, passed in Claim Case No. 35/91 by Motor Accidents Claim Tribunal, Sidhi.

2. The respondent No.1 and 2 after notice of appeal have filed cross-objections under order 41 rule 22 of the Code of Civil Procedure for enhancement of compensation.

3. Facts giving rise to this appeal are these: On 6.3.1991, at about 10.00 p.m. deceased Rajkaran, aged 25 years, with his wife the respondent No.1 and son Lavlesh, aged 6 years was returning to his residence in village after attending a marriage feast. A stage carriage bus No. MKH 7836 driven by respondent No. 3 in the course of employment of appellants which was coming from Shaktinagar for going to Jabalpur, dashed the deceased Rajkaran and Lavlesh as a result of which both died at the spot. A report was lodged at Police Station Bargawan. The bus was seized by the police and after investigation a challan U/s 279, 337, 304-A IPC was filed against the respondent No. 3 in the Court of Judicial Magistrate, First Class, Deosar.

4. The respondent No.1 the widow aged 22 years and father of deceased Rajkaran


























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