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1990 Supreme(MP) 416

A.QURESHI
Radheshyam – Appellant
Versus
Nazir Hussain – Respondent


Advocates:
Kirtane for appellants; Dandwate and G.K. Nema for respondents.

JUDGMENT

A.G. Qureshi, J. -- 1. This appeal has been filed aggrieved by the Award dated 22nd July, 1988 passed by the Member, Motor Accident Claims Tribunal, Mandsaur in Claims Case No. 21 of 86, whereby the application of the appellants filed under S. 110-A of the Motor Vehicles Act has been dismissed by the learned Tribunal.

2. The facts leading to this petition, in short, are that one Abhay Kumar, aged about 10 years, met with an accident on 7.1.1986 at about 12.15 p.m. on Laduna Road at Sitamau. The said Abhay Kumar was the only son of the claimants. According to the applicants-appellants on 7.1.1986 at about 12.15 p.m. when Abhay Kumar, was going with his school-mates from his school to Argada play field for attending some function, bus No. MPF-7789 belonging to respondent No.1 and being driven by the respondent No.2 at a high speed rashly and negligently, dashed against Abhay Kumar and crushed him under the rear and front wheels as a result of which Abhay Kumar received injuries and succumbed to them. Abhay Kumar was immediately taken to the Sitamau hospital where he was declared dead. The incident was reported at the police station Sitamau by Kailashchand (PW-2) who is the s













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