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2019 Supreme(Chh) 42

GAUTAM CHOURDIYA
Shyamwati – Appellant
Versus
Tirath Prasad Kenwat – Respondent


Advocates Appeared:
Anand Kesharwani, Adv., Sandeep Shrivastava, Adv.

JUDGMENT :

Gautam Chourdiya, J.

This appeal is by the claimant under Section 173 of the Motor Vehicles Act, 1988 against the award dated 11/01/2013 passed by Fifth Additional Motor Accident Claims Tribunal Bilaspur (C.G.) in Claim Case No. 60/2012 awarding total compensation of Rs. 4,28,600/- with interest @ 7.5% per annum from the date of application till realization, fastening liability on the respondents/non-applicants No. 1 to 3 jointly and severally.

2. As per averments in the claim petition, deceased Hiralal Gond, aged about 35 years, earning between Rs. 5000 to Rs. 8000/- per month as Carpenter, by riding his motorcycle going to Marwahi when he reached near Madkot road on 30/12/2010 Non-applicant No. 1/Tirath Prasad Kenwat, who was driving the offending vehicle Tractor bearing No. CG 10 D 4357 rashly and negligently dashed the deceased. Consequently, deceased Hiralal Gond suffered grievous injury and died on the spot. Offending vehicle was owned by non-applicant No.2/Keshav Singh and insured with non-applicant No. 3/The Oriental Insurance. Co. Ltd.

3. On claim petition bei












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