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1990 Supreme(MP) 87

S.K.SETH
Sheela – Appellant
Versus
Nankusingh – Respondent


JUDGMENT

S.K. Seth, J.

1 It is not in dispute that one Malkhan died as a result of motor accident on 28.8.1983. It is also not in dispute that the vehicle belonged to defendant No. 2, M.P. State Road Transport Corporation. The application for grant of compensation was made by the legal heirs of the deceased to the Motor Accidents Claims Tribunal on 19.12.1983. Claimant Nos. 1 to 3 were the minor children of the deceased. Claimant No. 4 was the widow of the deceased. Claimant No. 5 was the father of the deceased. The total amount of compensation claimed by them against the two defendants, i.e., the driver of the vehicle and its owner was Rs. 95,500/-. After the trial of the claim case, the Tribunal, vide its award dated 19.7.1985 accepted the claim of claimant Nos. 1 to 4 to the extent of Rs. 19,400/-, taking into account the amount of Rs. 1,000/- which had already been paid by the defendant No. 2, Corporation, as ex gratia payment to the said claimants. It was directed by the Tribunal in its award that on the above-said amount of Rs. 19,400/- the claimant Nos. 1 to 4 shall also be entitled to receive interest at the rate of 6 per cent per annum from the date of the claim petition.

2.






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