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1981 Supreme(MP) 577

R.K.VIJAYWARGIYA
Sitaram – Appellant
Versus
Nagar Palika Parishad, Mandsanr – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: P.K. Saxena, Adv.
For Respondents/Defendant: B.L. Bavecha, B.I. Mehta and S. Jain, Advs.

JUDGMENT

R.K. Vijayvargiya, J.

1. This appeal under Section 110-D of the Motor Vehicles Act, is directed against the award dated 30.3.76 passed by the learned Member, Motor Accidents Claims Tribunal, Mandsaur in claim case No. 5 of 1974.

2. The facts giving rise to this appeal briefly stated areas follows: On 4.12.73 at about 11.00 am. motor-truck No. M.P.I. 4310 belonging to the Respondent No. 1 and driven by the Respondent No. 2 Madanlal and insured with the Respondent No. 3 ran over Km. Kamla aged about 10 years on Pratapgarh Mandsaur road. Kamla was crushed and died on the spot. The claimants-Appellants who are respectively the father and the mother of the deceased submitted an application under Section 110A of the Motor Vehicles Act claiming Rs. 50,000/- as compensation for the death of Kamla caused by the rash and negligent driving of the truck by the Respondent No. 2 in the course of his employment with the Respondent No. 1. The Respondents contested the claim. The Tribunal dismissed the application on the ground that it was not proved that the accident was caused on account of the rash and negligent driving of the truck by the Respondent No. 2. Aggrieved by the award of the Tr







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