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1995 Supreme(MP) 961

S.C.PANDEY, A.K.MATHUR
Sabir Hussain – Appellant
Versus
Maya Bai – Respondent


JUDGMENT

S.C. Pandey, J.

1. This appeal is directed against award dated 30.9.1988 passed by the Motor Accidents Claims Tribunal, Hoshangabad, in Claim Case No. 2 of 1982. The Claims Tribunal has given an award of Rs. 2,00,000/- (Rupees two lakh) in favour of the respondent Nos. 1 to 5 with interest at the rate of 12 per cent per annum from the date of filing the claim petition till the date of realisation, against the appellant respondent Nos. 6 and 8. The respondent No. 8, the Oriental Insurance Co. Ltd., has filed the Appeal No. 489 of 1989 against the same award. The order in this appeal shall govern the disposal of that appeal too.

2. The facts giving rise to this appeal are that Keshav Prasad Shukla died in an accident leaving behind his wife and four minor daughters. They filed a claim under Section 110-A of Motor Vehicles Act, 1939 (henceforth 'the Act'). It was claimed by respondent Nos. 1 to 5 that the deceased Keshav Prasad was killed in an accident with truck No. CPB 6317 on 1.8.1987. The deceased met with the aforesaid accident when he was going on motor cycle from Hoshangabad to Itarsi along with a pillion rider. The truck was driven by the respondent No. 6, Syed Masood A

























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