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1988 Supreme(MP) 262

S.K.DUBEY
BHANWARLAL NAHARJI – Appellant
Versus
SARDAR KABULSINGH – Respondent


Advocates Appeared:
A.K.KHAN, B.K.SAMDANI, BHASIN,

JUDGMENT :

( 1. ) A poor, illiterate and rustic villager has filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short "the Act"), against the award dated 4th November, 1981, passed in Claim Case No. 33/79, by shri L. J. Mandlik, Member, Motor Accidents Claims Tribunal, Ujjain, whereby the claim for compensation for the injuries arising out of the motor accident occurred on 25-1-1979, by the truck No. M. P. M. 3369, owned by the respondent no. 1, driven by respondent No. 2 and insured by respondent No. 3, has been dismissed.

( 2. ) BRIEF facts leading to this appeal are : When the claimant-appellant was going on his bicycle the respondent No. 2 came from behind in a high speed and dashed the cyclist, as a result of which the cyclist fell down and the cycle was crushed. The claimant-appellant received multiple severe injuries i. e. fracture in his right leg. He remained under plaster for a period of about 6 months. After the removal of the plaster, he became lame and there is shortening of leg by 3. " thus, there was permanent disablement in the right leg. It is also alleged that the claimant lodged the report at 4. 30 a. m. . in the morning in the concerning po












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