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1997 Supreme(MP) 749

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


ORDER

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. Mohammad Karim Khan and 4 others). This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 29-11-1984 passed in claim Case No. 12/91 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 Auto Rikshaw No. MPO 23-/B-1005 owned and driven by respondent No. 1 and insured with respondent No. 2. Due to negligent driving, the Auto Rikshaw turned turtle as a result of which Mohd. Ismail received severe injuries. He was taken to D. K. Hospital but could not be survived. The widow Smt. 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 Auto Rikshaw, awarded the compensation of

































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