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1989 Supreme(MP) 398

Y.B.SURYAVANSHI, FAIZAN UDDIN
Indramal Mukhriya – Appellant
Versus
G. M. , Madhya Pradesh State Road Trans. Corpn. – Respondent


Advocates Appeared:
A.G.DHANDE, K.L.Israni,

JUDGMENT :

( 1. ) THE claimant appellant Indramal has preferred this appeal against the orders dated 29. 8. 1979 passed by Mr. R. C. Shrivastava, Motor Accidents Claims Tribunal, Bhopal, in M. A. C. C. No. 35 of 1977, dismissing the claimants/appellants claim for compensation under Section 110-A of the Motor Vehicles Act, for special and general damages, totalling Rs. 2,11,750/-in respect of injuries sustained in an accident which occurred on 3,1. 1977. The learned Tribunal in the impugned order held that the accident was not caused due to the rash and negligent driving by the bus driver/respondent No. 2. The petition accordingly has been dismissed with costs.

( 2. ) IT is common ground that on 3. 1. 1977 at about 9 a. m. a city bus belonging to respondent No. 1, M. P. S. R. T. Corpn. , was driven by Kallu Khan, respondent No. 2 and the Lambretta scooter was driven by the cousin of the claimant, Rameshchand. At the time of the accident, the claimant was sitting on the pillion seat of the scooter. Due to the accident, injuries were sustained by the claimant, as well as the scooter driver Rameshchand. Both the injured were taken to the hospital.

( 3. )

(i) The claimants case is that he i
















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