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2019 Supreme(Chh) 463

GAUTAM CHOURDIYA
Rampal Singh – Appellant
Versus
Rashid Khan – Respondent


Advocates Appeared:
Samir Singh, Adv., Sanjay Patel, Adv., R.N. Pusty, Adv.

JUDGMENT :

Gautam Chourdiya, J.

This appeal is by the claimants against the award dated 19.05.2017 passed by the Additional Motor Accident claims Tribunal, Raipur, District Raipur, C.G. in Claim Case No.45/2012 awarding total compensation of Rs. 3,59,100/- with interest @ 6 per annum from the date of application till realization, fastening liability on the non-applicant no.3. In fact, the Tribunal assessed the total compensation of Rs.5,13,000/-, however, considering the contributory negligence of the deceased to the extent of 30%, after deducting to that extent from the said amount, the Tribunal awarded Rs.3,59,100/-.

2. As per claim petition, on 31.05.2010 deceased Deepak Singh, 28 years, earning Rs.10,000/- per month working as Doctor-cum-Pathelogist by profession along with his Aunt Chandrawati and Niece Ankita was going on motorcycle bearing registration no. CG-DL-7456 from Simga to his residence, however, on the way he dashed the standing vehicle Truck bearing registration no. CG04-JA-1074, as the said Truck was parked on the road in a negligent manner without parking ligh








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