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1991 Supreme(MP) 313

P.N.S.CHAUHAN, D.M.DHARMADHIKARI
Madhya Pradesh State Road – Appellant
Versus
Anjani Wd/O Bhagirath – Respondent


ORDER

P.N.S. Chouhan, J.

1. On 27-6-1977, appellant's bus No. CPM 8083 while negotiating the "Nohta' bridge over Byarma river on Sagar-Jabalpur route was washed away by flood-water killing all its passengers including 40 years old Government School lecturer Shri Bhagrirath Chaturvedi. His legal heirs claimed Rs. 7,76,510.00 in claim case No. 3/37 under Section 110-A of M. V. Act but the M.A.C.T., vide award dated 29-10-1982 allowed Rs. 42,000/- as compensation with interest at the rate of 6% per month from the date of award till realisation which is under challenge in this appeal. A cross objection for enhancing the amount of award has also been filed.

2. Appellant's learned counsel argued that the passengers persuaded the driver to cross the bridge and when the bus was in mid stream, strong current of water came and swept away the bus and therefore, the finding (hat the accident resulted from rash and negligent driving is not sustainable. The evidence and circumstances mock at this argument. Appellant's own solitary witness Virendra Kumar Jain the then Divisional Manager, Jabalpur within whose jurisdiction this ghastly accident took place has admitted in para 7 that not a single occu



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