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1996 Supreme(MP) 296

R.D.SHUKLA
Shyamabai Wd/O Balwant Singh And . . . – Appellant
Versus
Vasudeo Rudranarayan Awasthi And . . . – Respondent


ORDER

R.D. Shukla, J.

1. The appeal is directed against the judgment and Award dated 22-5-1989 of the Member, Motor Accident Claims Tribunal, Indore passed in Claim Case No. 72/87 whereby the claimant appellants have been awarded a compensation of Rs. 90,000/- for the death of Balwant Singh in a motor accident on 26-3-1983 at about 10 A.M. Balwantsingh was dashed by Motor-truck No. MPN 5323, owned by respondent No. 1 and driven by respondent No. 2 and died nearly 3-4 hours after the accident. Rajani, daughter of claimant No. 1 also died.

2. Claimants who are the heirs of Balwantsingh filed the claim petition for an award of Rs. 1,00,000/-. A separate petition for compensation on account of the death of Rajani was also filed. Respondents disputed the claim including the fact of rash and negligent driving. Respondent No. 3 further disputed its liability on the ground that the insurance was obtained by fraud.

3. Learned Tribunal found the accident having occurred due to rash and negligent driving of the vehicle by driver respondent No. 2 who was a licence-holder and awarded Rs. 90,000/- as compensation, after applying a multiplier of 15 and taking the age of deceased to be 38 years. Howev


















































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