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1990 Supreme(MP) 462

A.G.QURESHI
Shyama – Appellant
Versus
Radhyeshyam – Respondent


JUDGMENT

A.G. Qureshi, J.

1. This appeal is directed against the award dated 21.4.1981, passed by the Additional Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 47 of 1979, whereby the appellants have been held to be disentitled to get any compensation for the death of their brother.

2. The facts leading to this appeal, in short, are that the appellants along with one Krishna Bai had filed a claim petition before the Claims Tribunal for getting compensation amounting to Rs. 50,000/- for the death of Prahlad, who is the son of Krishna Bai and the brother of the present appellants, who allegedly died in a motor accident on 12.12.1978. The respondent No. 1 is the owner of car No. RJO 1094 and respondent No. 2 is the driver of the aforesaid vehicle and on the relevant date it was insured with the insurance company, respondent No.

3. According to the claimants Prahlad, who was the son of claimant No. 1 and brother of claimant Nos. 2 and 3, was serving in a transport company and getting a salary of Rs. 250/- per month and an allowance of Rs. 100/- per month. The claimant No. 2, i.e., appellant No. 2 was not doing any work because of his weak eyesight and as such the three













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