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1999 Supreme(MP) 938

S.B.SAKRIKAR
Madhusudan And Anr. – Appellant
Versus
Smt. Premkunwar And Ors. – Respondent


JUDGMENT

S.B. Sakrikar, J.

1. Appellants (owner and driver of the defending vehicle) have directed this appeal against the common award dated 30.11.1996 passed by the Additional M.A.C.T., Khargone in Claim Case Nos. 51/88 and 12/92 thereby allowing the application filed by Premkunwarbai and others and awarding compensation of Rs. 78,000/- together with interest at the rate of 12% p.a. from the date of filing of the suit till realisation of the amount.

2. Briefly stated the facts of the case are that on 24.6.1988 appellant No. 1, as a result of rash and negligent driving of Rajdoot motor cycle bearing registration No. CII 2228 met with an accident resulting into death of one Chintaman, travelling on the rear seat of the same motor cycle. Respondent Nos. 1 to 5 and 6 to 11 separately filed two claim petitions against the appellants and respondent No. 12 on the averment that Smt. Premkunwarbai is the legally wedded wife of the deceased Chintaman and respondent Nos. 2 to 5 are her children whereas respondent No. 6 Shantabai also alleged that she is the wife of deceased Chintaman and respondent Nos. 7 to 11 are her children. Learned Tribunal rejected the claim filed on behalf of respondent









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