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1992 Supreme(MP) 374

R.K.VERMA
Harish Chandra And Anr. – Appellant
Versus
Lucky Bharat Garage And Ors. – Respondent


JUDGMENT

R.K. Verma, J.

1. This is an appeal by the parents of the deceased minor Mukesh Kumar Moda, under Section 110-D of the Motor Vehicles Act, against the award made by the Motor Accidents Claims Tribunal, Raigarh, in Claim Case No. 5 of 1984 dated 9.4.1986, whereby the learned Tribunal has awarded compensation amounting to Rs. 20,000/- in respect of the death of the deceased by a motor accident, with interest thereon at the rate of 6 per cent per annum from the date of claim petition till realisation.

2. The facts giving rise to this appeal, briefly stated, are as follows:

On 3.11.1983, the date of the incident, while the minor Mukesh Kumar Moda, aged 9 years, was witnessing the Dipawali lighting, standing in front of his house, at about 8 p.m., the driver, respondent No. 4, who was driving the truck bearing registration No. CPS 8764, owned by respondent No. 1 and insured with respondent No. 3, insurance company, drove the truck rashly and negligently with the result that the truck dashed against the deceased Mukesh Kumar, who was crushed to death on the spot.

3. On a claim petition having been filed by the appellant parents of the deceased minor Mukesh Kumar against the owner, dr















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