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1982 Supreme(MP) 222

R.K.VIJAYWARGIYA
Shankarlal – Appellant
Versus
M. P. State Road Transport Corporation – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.K. Samdani, Adv.
For Respondents/Defendant: S.K. Dubey, Adv.

ORDER

R.K. Vijayvargiya, J.

1. This appeal by the claimant under Section 110-D of the Motor Vehicles Act is directed against the award dated 26.11.76 passed by the Member, Motor Accidents Claims Tribunal, Shajapur in claim case No. 10 of 1975.

2. The facts giving rise to this appeal briefly stated are as follows: The Appellant is the owner of truck No. M.P.F. 6657. On 22.4.75 at about 6.00 a.m. the Appellant's aforesaid truck was coming from Shajapur side and proceeding towards Indore. The said truck stopped near Makshi Chowki in front of the hotels which are situated on the road side. Passenger bus No. M.P.W. 1134 owned by the M.P. State Road Transport Corporation (hereinafter referred to as 'the Corporation') and driven by its driver Premsingh Ojha came from the Shajapur side and dashed against the stationary truck of the Appellant. The truck was badly damaged in the accident. The Appellant claimed a sum of Rs.35,000/- as compensation from the Respondents for the damage caused by the rashness and negligence of the driver Premsingh in driving the said bus in the course of his employment with the Respondent No. 1 Corporation. The Respondent No. 2 is the mother of the driver Premsingh








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