SANJAY KAROL, N. KOTISWAR SINGH
Rekha – Appellant
Versus
Dinesh Porwal – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted.
2. This appeal is directed against the judgment and order dated 30.07.2024 passed in Misc. Appeal No. 1932 of 2018 by the High Court of Madhya Pradesh at Indore, which, in turn was preferred against the order dated 20.12.2017 passed in MACT Case No. 155/2017 by the Motor Accident Claims Tribunal1[Hereinafter ‘MACT’.], Mandsaur2[Hereinafter ‘the Tribunal’.].
3. The brief facts giving rise to this appeal are that on 15.06.2015, the deceased namely Krishnavallabh, then aged 28 years, was travelling from Sakhtali to Barkheda, on his motorcycle. On the main road, near Miriyakhedi nai abadi, the offending vehicle bearing registration number MP 43 C 8969, struck the motorcycle at a very high speed, in a rash and negligent manner. As a result of the injuries suffered, the deceased passed away during treatment.
4. In connection thereof, an FIR came to be registered3[Crime No. 255/2015.] under Section 304A of the Indian Penal Code against the driver being Respondent No. 1 herein.
5. An application was filed under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Mandsaur, Madhya Pradesh, on behalf of the claimant-appellants being the legal
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