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1989 Supreme(MP) 358

GULAB C.GUPTA
Nanjibhai Patel – Appellant
Versus
Vishnu Prasad Sharma – Respondent


Advocates Appeared:
Chanchal Sharma, M.M.SAPRE, R.P.Verma, T.C.Naik,

JUDGMENT :

( 1. ) THIS is the claimants appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against the award dated 8. 8. 1984 passed by Mr. R. K. Seth, Motor Accidents Claims Tribunal, Raipur in Claim Case No. 47 of 1981, awarding a sum of Rs. 12,000/-only to the appellants for the death of their son Govind Bhai in an accident caused by rash and negligent driving on 14. 4. 1981.

( 2. ) SINCE the respondents against whom the award has been passed did not file any cross-appeal or cross-objection it can be assumed that they do not seriously challenge the finding that Govind Bhai Patel died in the accident caused by rash and negligent driving. That the deceased was being carried as a passenger in jeep-taxi No. CPT1084 from Dhamtari to Raipur is not in dispute. That the said jeep met with an accident with the truck No. MPS 608 in which Govind Bhai Patel and one Jaikishan died, is also not in dispute. The accident took place because of negligent driving of the truck and the taxi is the finding recorded by the Tribunal which is not under challenge. The learned Tribunal has held that deceased Govind Bhai Patel was about 24 years old and earning Rs







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