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2005 Supreme(MP) 113

DEEPAK VERMA, ASHOK KUMAR TIWARI
Dilkhush – Appellant
Versus
Bherulal – Respondent


Advocates Appeared:
Sudhanshu Vyas, S.V.Dandvate

Judgment

DEEPAK VERMA, ASHOK KUMAR TIWARI, JJ.

( 1. ) This appeal is at the instance of claimants, against the award dated 12/9/2000, passed by Motor Accidents Claims Tribunal, Mandsaur, in M.V. Case No. 21 of 2000, whereby and wherein for death of one Siyaram, present appellants have been awarded a sum of Rs. 2,00,000 together with interest against respondents jointly and severally.

( 2. ) This appeal is for enhancement. The respondent No. 3 has also filed a cross- objection on 2/2/2005, under Order 41, rule 22 of Civil Procedure Code. Since said cross-objections are barred by more than 3 years, it has also filed an application under section 5 of the Limitation Act.

( 3. ) We have heard learned counsel for parties and perused record.

( 4. ) Deceased Siyaram was travelling in a tractor-trolley bearing registration No. MP 14-G 4282 and MP 14-G 4283, respectively, on 16.12.1999. Said trolley was being used for transportation of soyabean from village Nataram to Mandsaur. According to claimants, Siyaram was working on the said trolley as a labourer for loading. Thus, he was entitled to travel thereon. Due to rash and negligent driving of tractor and trolley attached thereto, by respondent N





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