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SANJAY KAROL, JOYMALYA BAGCHI
Sunita – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The present appeal arises from the final judgment and order dated 12th December 2022, passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Appeal No. 554 of 2017, which, in turn, was preferred against the award dated 19th December 2016 passed in Case Claim No.22 of 2015 by the Motor Accident Claim Tribunal, District: Seedhi (M.P).
3. The facts giving rise to the present appeal, in a nutshell are that on 27th November 2013, at about 8:15 p.m., the deceased, namely, Gokul Prasad, aged 32 years, was returning home from a weekly market, travelling in a vehicle i.e., TATA 407 Truck bearing registration No. M.P. 53G/03861[Hereinafter referred to as “Offending Vehicle”.], being driven by Respondent No. 3 herein. Upon reaching near Kurwaiha Ghati Road, the said vehicle driven, in a rash and negligent manner, met with an accident. As a result, the deceased sustained severe injuries and died on the spot.
4. A claim petition was filed on behalf of the Appellants (the legal representatives of the deceased) under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation to the tune of Rs. 49,26,000/- claiming the
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