MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. MUNNABAI

JUDGEMENT

(1.) THIS is an appeal under section 110-D of the Motor Vehicles Act, 1939, against the award dated 19-9-63, passed by the Claims Tribunal, Gwalior, presided over by the Additional District Judge, in Motor Vehicles Accident Case No. 8 of 1962, awarding Rs. 20,480 to the legal representatives oi" the deceased Laxminarain, as against their claim for Rs. 31,230.

(2.) THE fact leading to the present claim were as follows: THE deceased Laxminarain was travelling in a Bus No. M. P. G. 4131 on 22-3-1962 from Shivpuri to Chanderi. THE Bus belonged to the M. P. State Road Transport Corporation and was being driven by the second appellant, Ratanlal. On the way the Bus collided against 'neem' tree at Mile No. 21 /2 at about 9 A. M. Laxminarain died on the spot as a result of severe injuries. Hence the claim by the heirs of the deceased.

(3.) THE learned counsel for the appellants pressed only three questions for consideration by this Court, which we propose to discuss at some lengh in view of the general importance of the question, which are as follows: