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2008 Supreme(Chh) 350

RAJEEV GUPTA, T.P.SHARMA
RAMABAI – Appellant
Versus
BISAHU RAM CHAUHAN – Respondent


Advocates Appeared:
Shri P.K. Tulsyan, Advocate, for the Appellants.
None for the Respondents No. 1 & 2.
Shri Sanjay K. Agrawal and Shri Sudeep Agrawal, Advocates, for the Respondent No.3.

ORDER

Hon'ble Shri Rajeev Gupta, C.J.

1. This is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal'), vide award dated 02.05.2003, passed in Claim Case No. 77/2002.

2. The claimants, unfortunate widow and minor children of deceased Rajendra Dewangan claimed compensation of Rs. 14,75,000/- by filing claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 24.03.2000, when the truck bearing registration No.MP26 B 3435 in which he was working as a porter met with an accident and over turned due to rash and negligent driving of its driver resulting in the instantaneous death of Rajendra Dewangan at the spot itself. The claimants further pleaded that deceased Rajendra. Dewangan was aged about 35 years and used to earn RsA,500/- per month as porter and weaver.

3. The owner, driver, and insurer of the truck contested the claim and denied their liability to pay compensation to the claimants. The insurer took the further plea that offending vehicle truck was being plied in breach of the policy conditions and the driver of the truck was not holding a va



















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