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1997 Supreme(MP) 748

S.K.DUBEY, R.P.GUPTA
Karim Khan – Appellant
Versus
Shamsher Khan – Respondent


JUDGMENT

S.K. Dubey, J.

1. The order passed in this appeal will also govern the disposal of M.A. No. 323 of 1995 (Shamsher Khan v. Mohd. Karim Khan). This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 29.11.1994 passed in Claim Case No. 12 of 1991 by the Vth Additional Motor Accidents Claims Tribunal, Raipur.

2. The facts giving rise to this appeal are thus: On 6.3.1991, the deceased Mohd. Ismail was travelling as a passenger in autorickshaw No. MPO 23-B-1005 owned and driven by respondent No. 1 and insured with respondent No. 2. Due to the negligent driving, the autorickshaw turned turtle as a result of which Mohd. Ismail received severe injuries. He was taken to D.K. Hospital but could not survive. The widow Koushar Suraiya, who died during the pendency of the application under Section 166 of the Act, for compensation along with appellants as legal representatives of the deceased claimed compensation of Rs. 5,53,000 for the death of Mohd. Ismail caused in motor accident. The Tribunal, after holding that the accident was caused due to negligent driving of autorickshaw, awarded the compensation of Rs. 1,32,000, wit































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