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2000 Supreme(MP) 456

A.M.SAPRE
State of M. P. – Appellant
Versus
Mangilal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Miss. Sharma, Panel Advocate For State
For Respondents/Defendant: None

ORDER

A.M. Sapre, J.

1. This appeal is by the state against an award dated 12-2-1999 passed by Claims Tribunal Rajgarh. By impugned award, the Tribunal has awarded a sum of Rs. 60,000/- by way of compensation for the death of one Babulal who died in a motor accident that occurred on 24-3-1988.

2. Heard Miss Sharma, Panel Advocate for State on the question of admission.

3. Having heard the matter, I am of the view that this appeal has no substance whatsoever. Here is a case where one citizen has lost his life due to negligence of State i.e. employee of State. Obviously the State is vicariously liable for the action of their servant. A compensation of Rs. 60,000/- fixed by the Tribunal for the loss of human life is most reasonable and fair one. Even under the Act, the parliament has come forward to fix a sum of Rs. 50,000/- on the principal of no fault liability. I therefore fail to appreciate as to why even the State should file appeal to challenge the grant of compensation of Rs. 60,000/-. The apt observation of his Lordships M.C. Chagla, C.J. in the case of Firm Kaluram Sitaram vs. The Dominion of India, AIR 1954 Bom. 50 squarely appeals to this case. His Lordships while deciding a li






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