C.P.SEN
Madhya Pradesh State Road Transport Corporation – Appellant
Versus
Yasin – Respondent
C.P. Sen, J.
1. This is an appeal under Section 110-D of the Motor Vehicles Act, against the award of the Claims Tribunal.
2. The facts in brief are that on 30-1-1970 at 8.30 a.m., the deceased Syed, aged about 12 years, was going from Badwali chowki towards his house in Bajariya, by the left side of the road, when the city bus No. MPG 4800 came from behind and knocked him down. As a result, the boy Syed was thrown on the left side and he fell unconscious and a crowd collected but the bus did not stop, and went away. A report of the incident was lodged immediately by the father of the boy in Sadar Bazar Police station, Indore. Thereafter, the boy was taken to M.Y. Hospital, where he expired at about 2 p.m. due to the injuries sustained by him. A claim for damages amounting to Rs. 30,000/- was laid by the parents of the deceased against the Appellant and the driver of bus. The defence was that the boy was hanging on the back side body of the bus, he slipped and received the injuries and there was no negligence or rashness on the part of the driver. The learned Claims Tribunal passed an award of Rs. 5000/- on account of pecuniary loss incurred by the parents on the death of the
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