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1993 Supreme(MP) 491

K.M.AGRAWAL, K.L.ISSRANI
Gauri Bai And Ors. – Appellant
Versus
Ramesh Kumar And Ors. – Respondent


JUDGMENT

K.M. Agarwal, J.

1. Being aggrieved by the award made by the Claims Tribunal, Jabalpur, the claimants have preferred this miscellaneous appeal for enhancement of the amount of compensation.

2. It was not disputed that in an accident with the truck driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3, one Manbahadur died on 4.3.1981 at about 8 p.m. After the accident, the appellants as the wife and children of the deceased filed a claim petition against the respondents. In the claim petition, the Claims Tribunal was pleased to award a sum of Rs. 21,500/- to the appellants along with interest at the rate of 6 per cent per annum from the date of petition. Being aggrieved, the claimants have preferred this appeal for enhancement of the amount of compensation as aforesaid.

3. Having heard the learned counsel for the parties, we are of the view that the finding recorded by the Claims Tribunal about the contributory negligence of the deceased does not call for any interference. As discussed and pointed out in paras 18 and 23 of the impugned award, the deceased was driving his bicycle in a drunken state of mind. He was hit by dala of the



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