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2016 Supreme(Chh) 196

PRITINKER DIWAKER
M. Vijay Laxmi W/o Sh. M. Laxman Rao – Appellant
Versus
Laxmi Prasad Yadav S/o Vishnu Ram Yadav – Respondent


Advocates Appeared:
For the Appellants :Shri S.S. Rajput, Advocate under the authority of Shri Sushobhit Singh, Advocate.
For the Respondents:Shri Amit Kumar, Advocate, Shri H.P. Agrawal, Advocate.

JUDGMENT :

1. With the consent of the parties, the matter is heard finally.

2. Challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 is to the award dated 4.9.2015 passed by the Motor Accident Claims Tribuna, Bilaspur (CG) (in short “Tribunal”) in MACT No. 50/2015 dismissing the case of the claimants for compensation of Rs.20.50 lacs.

3. Brief facts of the case are that on 25.2.2012 one M. Manoj @ Nanni Rao, son of the appellants/claimants, met with an accident when his motorcycle collided with four wheeler - Bolero bearing registration No. CG-04-HB-3304 (hereinafter referred to as “offending vehicle”). An application was filed by the claimants claiming compensation to the tune of Rs.20.50 lacs under various heads, inter alia, pleading that the accident occurred on account of rash and negligent driving of the offending vehicle by respondent No.1. It was pleaded that as respondent No.2 was owner of the offending vehicle and it was insured with respondent No.3, the respondents are jointly and severely liable for payment of compensation to the claimants.

Respondents No. 1 & 2 i.e. driver and owner of the offending vehicle chose to remain ex-parte and it is the i











































































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