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1996 Supreme(MP) 523

S.K.DUBEY, S.SINGH
Peetamber Prasad Ratle – Appellant
Versus
State Of Madhya Pradesh – Respondent


JUDGMENT

S.K. Dubey, J.

1. The claimants aggrieved of dismissal of their application for compensation have filed this appeal under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 3.9.1988 passed in Claim Case No. 10 of 1987 by Second Additional Motor Accidents Claims Tribunal, Sehore.

2. Facts giving rise to this appeal are these. Appellant Nos. 1 and 2 are the parents; appellant Nos. 3 and 4 are the sisters and appellant No. 5 is the brother of the deceased Devendra Kumar Ratle who died in a motor accident on 3.6.1984 while returning from Bhopal in the official vehicle jeep MPZ 6536 owned by respondent State of Madhya Pradesh. The deceased was posted as Assistant Engineer (S.D.O.) in Irrigation Department of the Government of Madhya Pradesh at Nasrullahganj at Kolar Project. After obtaining the due permission from J.P. Jain, AW 1, the then Executive Engineer of the Irrigation Department, for going to Bhopal for approval and taking of estimate of Irrigation Project, the deceased left on 3.6.1984 at about 9.00 a.m. for Bhopal in the official jeep driven by Yusuf Khan, AW 6, the driver of the jeep. It was Sunday. On finishing his official work, while the jeep was





















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