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2008 Supreme(MP) 1171

S.K.GANGELE
Harisingh – Appellant
Versus
Kallobai – Respondent


Advocates:
R.K. Upadhyaya for appellants; Miss Diksha Mishra for respondents.

ORDER

1. Appellants have filed this appeal against the order dated 14.2.2006 passed by Additional District Judge, Ganj-Basoda, district Vidisha in MJC No: 03/05 rejecting the application filed by appellants under Order 9 Rule 13 CPC for setting aside exparte award passed under the provisions of Motor Vehicles Act.

2. Claimants-respondents, Kallobai, Dularibai and Guddi filed a claim application for compensation before the claims Tribunal pleading that deceased Kamal Singh had been travelling in a tractor-trolley on 14.5.2004. The tractor was bearing registration No. MP-40-M-9110 and the trolley was bearing registration No. MP-40-M-9111. The aforesaid tractor-trolley owned by Harisingh and it was being driven by Ganeshram at the relevant time. Due to rash and negligent driving of the tractor by Ganeshram the trolley turned turtle and Kamalsingh fell down from the trolley and died in the accident. A report of the accident was lodged at the police station and an offence was registered. Subsequently, the Widow and daughters of the deceased filed a claim application before the Claims Tribunal. On 29.7.2004 the Claims Tribunal issued notice on the aforesaid Claim-application to non-app














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