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2006 Supreme(MP) 964

N.K.MODY, S.K.KULSHRESTHA
Manjo Bee – Appellant
Versus
Sajjad Khan – Respondent


Advocates Appeared:
S.PATWALIA, V.R.PUROHIT

Judgment

S.K.Kulshrestha, J.

( 1. ) The appellants, 23.2.2004 of the Motor Accidents Claims feeling aggrieved by the inadequacy of the Tribunal, Mandsaur in Claim Case No. 102 amount awarded as compensation, have of 2003 in which while awarding the sum filed this appeal against the judgment dated of Rs. 6,14,400 for loss of dependency the amount has been restricted to 50 per cent on the ground of the contributory negligence of the deceased and funeral expenses and loss of consortium has been added. An application under section 166 was filed on the averments that on 19.5.2003 at about 9.30 p.m. deceased Mehboob Khan, husband of appellant No. 1 Manjo Bee, father of appellant Nos. 2, 3 and 4 and the son of appellant No. 5, was proceeding on his motor cycle along with his niece Farjana and Mehraj on the pillion to drop them at his in-laws place, the respondent came in a truck bearing registration No. CIK 0052 at an alarming speed and negligently with the result there was collision with the motor cycle resulting in death of Mehboob Khan and injury to Farjana Bee and Mehraj who were on motor cycle as pillion riders. It was contended that Mehboob Khan was employed as mechanic and was gettin
















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