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1992 Supreme(MP) 669

S.K.DUBEY, S.K.CHAWLA
Fizabai – Appellant
Versus
Nemichand – Respondent


Advocates:
Arun Mishra for appellants; B.N. Malhotra for respondent No.3.

ORDER

S.K. Chawla, J. -- 1. This is an appeal by claimants from an award of Motor Accidents Claims Tribunal (for short Tribunal), dismissing their claim.

2. On May, 1, 1983, in the early morning hours around 5 a.m., a motor accident had taken place at Sheopurkalan-road, in which one Asgar Ali, aged 45 years, was crushed on both of his legs and died on the following day in a hospital of those injuries. The vehicle in question was truck No. MPW9961 driven at that time by one Shyam Sharma (respondent no. 2 herein) and owned by one Nemichand (respondent no. 1 herein), which was insured with National Insurance Company (respondent no. 3 herein).

3. The case of the claimant/appellants, who are widow and children of the deceased, to the effect that accident occurred because of negligent driving of truck by the driver, was disbelieved by the claims Tribunal. On the other hand, the Tribunal accepted the version of the opposite parties that the deceased had committed suicide by laying himself under the moving truck. The Tribunal, however, gave finding even on the quantum of compensation in the event of claimants succeeding. The Tribunal held that the claimants would be entitled to a total compe






























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