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2013 Supreme(Chh) 291

SANJAY K.AGRAWAL
KALIRAM SAHU – Appellant
Versus
CHAMANLAL DEWANOAN – Respondent


Advocates Appeared:
Mr. P.R. Patankar, Advocate, for the Appellants
Mr. Ratan Pusty, Advocate, for the Respondent

JUDGMENT

1. Invoking the appellate jurisdiction of this Court under Section 173 of the Motor Vehicles Act, 1988 (in short 'the M.V. Act'), the claimants/appellants herein have challenged the award dated 27/03/2012, passed by 4th Additional Motor Accidents Claims Tribunal, Durg (in short 'Claims Tribunal') in Claim Case No. 184/2011, by which, the Claims Tribunal has partly allowed the claim petition filed under Section 166 of the M.V. Act and awarded a total compensation of Rs.3,22,320 along with interest @ 6% per annum to the claimants.

2. The brief facts necessary for adjudication of this appeal are as under:

2.1 The claimants/appellants, being the parents and sister of deceased Devendra Kumar Sahu, filed an application under Section 166 of the M.V. Act stating inter alia that on 08/03/2011, respondent No. 1- Chamanlal Dewangan (driver), while driving a motorcycle bearing registration No. CG-07-LU-1604, owned by respondent No.2 and insured with respondent No.3; rashly and negligently dashed the motorcycle of deceased bearing registration No. CG-07-LL-6140, as a result of which, the deceased suffered injury and died.

2.2 It was further pleaded that pursuant to the report lodged by the















































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