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1983 Supreme(MP) 147

FAIZAN UDDIN
Krishan Dayal Alias Keshavdayal – Appellant
Versus
Vishnu Prasad – Respondent


JUDGMENT

Faizan Uddin, J

1. This is an appeal by the owner of the bus and driver Under Section 110(D)of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) against the award dated 27-8-77 made by the Motor Vehicle Accident Claims Tribunal, Sagar, in Motor Vehicle Case No. 27-B/76, awarding a total sum of Rs. 9500/- to the claimants-respondents as compensation for the death of their father resulting from the accident.

2. On 25-11-76 at about 5.00 P.M. the deceased Bhagwandas, father of the claimants-respondents was returning to his village Raikheda on horseback from Rahli along with Onkar (P.W. 3), who was driving on another horse. A calf belonging to Bhagwandas also accompanying them. On the aforesaid date at about the same time, the bus No. M.P.K.. 3994 belonging to the appellant No. 1, driven by the driver, appellant No. 2, come from Rehli sideheanding towards Deori. The bus first hit the calf, as a result of which the calf fell on the ground and then the bus toppled down crushing the horse and the deceased Bhagwandas, who were on the left side of the road, as a result of which the horse died on the spot. Bhagwandas and the calf died later in the hospital. The respond










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