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2017 Supreme(Chh) 707

P.SAM KOSHY
Durga Prasad @ Kaalu – Appellant
Versus
Nilesh Kumar – Respondent


Advocates Appeared:
For the Appellant:Mr. R.N. Jha, Advocate.
For the Respondent:Mr. Subhash Yadav, Advocate.

JUDGMENT :

P. Sam Koshy, J.

Present is an appeal by the claimants under Section 173 of the Motor Vehicles Act assailing the award dated 9.8.2007 passed by the learned Upper Motor Accident Claims Tribunal (F.T.C.), Kondagaon, District Bastar in Motor Accident Claim Case No. 96/2007.

2. Vide the said impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicle Act has awarded the compensation only to the extent of no fault liability of Rs. 50,000/- plus the incidental expenses of Rs.10,000/- totalling Rs. 60,000/- along with interest @ 6% per annum.

3. The facts of the case are that, the deceased Bhagwati met with an accident on 7.2.2006 when she was hit by a Tata Sumo Jeep bearing registration No. CG-15-A-1309 as a result of which she received grievous injuries to which she succumbed after about ten months of treatment on 7.2.2006. The said Tata Sumo was owned by the respondent No. 2 and was driven by the respondent No. 1 and was insured with the respondent No. 3/Insurance Company.

4. The reason for restricting the compensation to the extent of only no fault liability by the Tribunal is that, the deceased being the housewife was dependent on her husband Tati Ram wh
















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