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1981 Supreme(MP) 619

A.R.NAVKAR
HARI MOHAN MATADIN – Appellant
Versus
JAGANNATH PRASAD SHARMA – Respondent


Advocates Appeared:
N.P.Mittal, N.R.PAWASE, S.K.DUBEY,

JUDGMENT :

( 1. ) THIS is an appeal under section 11od of the Motor Vehicles act, 1939, against the award passed by Claims Tribunal and District Judge, bhind, (hereinafter referred to as the Tribunal) in Civil Misc. Case No. 7 of 1971.

( 2. ) THE facts of the case are that non-applicant No. 1 Jagannath Prasad was the owner of bus No. MPG 5971 and non-applicant No. 2 Gokaran singh was the driver. The bus was insured with non-applicant No. 3 and when the non-applicant No. 2 was driving the bus, when he was in the employment of non-applicant No. I, an accident took place on Lahar-Bhind road, near village Pon, on 18-2-1971. At that time, non-applicant No. 2 was driving the bus rashly and negligently and as such, in the accident Mayadevi and devendra Kumar sustained injuries and they died on the spot. Mayadevi is wife of the applicant Hari Mohan. Further, the applicant has stated that during the relevant time he was a student of Intermediate College, Rampura, and the deceased Mayadevi was his wife. When the accident took place, mayadevi was 16 years old. At the time of the accident, the applicant, along with his brothers Surendra Mohan, Ramsewak and Devendra Kumar, was travelling in a bul















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