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1995 Supreme(MP) 660

FAKHRUDDIN
National Insurance Co. Ltd. – Appellant
Versus
Mahila Bhoga – Respondent


JUDGMENT

Fakhruddin, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, against the order dated 30.7.93 passed by Motor Accident Claims Tribunal, Morena in Claim Case No. 34/91, whereby Rs. 68,000/- has been awarded in favour of respondent No. 1, Mahila Bhoga, mother of deceased Ranjeet who met with an accidental death on 23rd May, 1991.

2. The deceased Ranjeet was engaged as a Palledar (labour) doing the job of loading and un-loading with respondent No. 12, owner of the offending vehicle i.e., Tractor No. MP-06/6083. On the fateful day the tractor was being driven by respondent No. 13. The tractor was utilised for taking mustard crop from the field to warehouse. The trolley was attached with the tractor. The deceased was sitting on a mud-guard, when the accident occurred and he died.

3. Claimants-respondents 1 to 11 have filed the claim. Claims Tribunal found respondent No. 1, Mahila Bhoga, mother of the deceased alone entitled to get compensation of Rs. 68,000/-.

4. Learned Counsel for the appellant, Mr. Malhotra submitted that the Tribunal held that the tractor was being driven rashly and negligently. The Tribunal after considering entire material on record in paras


































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