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PARTH PRATEEM SAHU
IFFCO TOKIO General Insurance Co. Limited – Appellant
Versus
Leela Bai – Respondent


Advocates Appeared:
Amrito Das, Adv., P. Acharya, Adv., Yogendra Chaturvedi, Adv.

JUDGMENT :

Parth Prateem Sahu, J.

By the instant appeal, the Insurance Company is challenging the legality and validity of the impugned award dated 05/10/2012 passed by the Additional Motor Accident Claims Tribunal, Pendra Road, District Bilaspur (C.G) (in short 'Claims Tribunal') in Motor Accident Claim Case No.53/2011 wherein the learned Claims Tribunal had allowed the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'M.V. Act') and passed an award of Rs. 14,22,100/- in total on account of death of late Shiv Bhajan and fastened the liability on the Insurance Company.

2. The brief facts of the case, are that on 20/10/2010, late Shiv Bhajan who is a Constable and was coming towards the Court at Pendra in discharge of his duty on his motorcycle and when he reached near Dubatiya square Pendra at that relevant time, the motorcycle bearing No.C.G.04/CA/8850 (offending vehicle) driven by respondent No. 7, dashed the motorcycle of the deceased by coming on wrong side. In the aforementioned accident, Shiv Bhajan sustained several grievous injuries on his body and he was immediately taken to the Hospital at Pendra, where during the course of treatment, he died













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