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1995 Supreme(MP) 949

R.P.AWASTHY, RAJEEV GUPTA
Vimla Devi Khemka – Appellant
Versus
General Manager M. P. S. R. T. C. – Respondent


Advocates:
Smt. Archana Nagaria for appellants; Aditya Sanghi for respondents.

ORDER

R.P. Awasthy, J.--1. Claimants Smt. Vimla Devi Khemka and her three issues have filed the present appeal for enhancement of the amount of Rs. 54,000/- (Rupees fifty four thousand) with interest at the rate of 6% per annum from the date of petition till the said amount is deposited in the Tribunal, which has been awarded by the Tribunal for the accidental death of Rajendra Prasad Khemka, who was the husband of the Claimant No. 1 (Smt.-Vimla Devi Khemka) and father of the Claimants No.2 to 4 (Ku. Annapurna Khemka, Ku. Mamta Khemka and Munna). Madhya Pradesh State Road Transport Corporation has also filed appeal against the same award challenging the finding of holding the driver of its bus to be rash or negligent, in driving the violating bus. Both of the said appeals shall be simultaneously disposed of by this single order.

2. Claimant‘s' contention is that on 10.6.81 Driver Shankar Singh was bringing the violating bus from Rewa towards Satna driving it in a rash and negligent manner. The said bus was mechanically so defective that it was not road-worthy. When the said bus reached on the road near village Kothar, the Jeep, on which Rajendra Prasad and other passengers were trave














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