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1990 Supreme(MP) 262

B.C.VARMA
Usha Jhingran – Appellant
Versus
Budhsen – Respondent


JUDGMENT

B.C. Varma, J.

1. This appeal under Section 110-D of the Motor Vehicles Act is by the unsuccessful claimants who laid a claim for compensation before the Motor Accidents Claims Tribunal for the death of P.N. Jhingran, husband of the first appellant and father of the remaining. On a finding that the appellants could not prove the cause of death of P.N. Jhingran, the Claims Tribunal has dismissed the entire claim. It has, however, been found that if the appellants were to succeed, the compensation payable would be Rs. 1,22,400/- with interest at 6 per cent thereon from the date of the application. The liability of the insurer, in terms of the insurance policy, has been determined at Rs. 50.000/-. The Tribunal also noted that only general damages were claimed. No special damages were claimed.

2. The facts are that on 3.8.1977, P.N. Jhingran, an employee of the Sun Carriage Factory, Jabalpur, met with an accident while he was proceeding to the factory. The truck, owned by respondent No. 2 and driven by his employee (respondent No. 1), dashed against the scooter driven by the deceased P.N. Jhingran. He fell down unconscious and was removed to the hospital, where he lay in the same




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