DIPAK MISRA, R.S.JHA
Virendra Singh Rajpoot – Appellant
Versus
New India Insurance Co. Ltd. – Respondent
( 1. ) THE claimants-appellants are grieved by the award passed by the Motor Accidents Claims Tribunal, Bhopal (in short, the Tribunal) in M. V. C. Case No. 75 of 1999, which was initiated at their instance under Section 166 of the Motor Vehicles Act, 1988 (for brevity, the Act) for grant of compensation for the death of the deceased. Rajendra Singh Rajpoot, the son of Virendra Singh and Krishna Bai, the appellant Nos. 1 and 2 herein and the brother of the appellant Nos. 3 to 5, putting forth a claim of Rs. 25 lacs.
( 2. ) FILTERING the unnecessary details, the facts which are necessitous to be adumbrated for disposal of the appeal are that on 1-6-1997, the deceased Rajendra Singh alongwith three friends, namely, Devendra, Shiraj and Anurag was proceeding towards Rajnandgaon when the vehicle in question reached near Bhandara Khapa chowk, some animal came in front of the vehicle as a consequence of which, the deceased lost his balance as a result of which it got dashed against a babool tree. As pleaded, the said dashing led to the damage of the vehicle and Rajendra and his two friends, namely, Devendra and Shiraj died on the spot. The other person Anurag was seriously injured
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