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2021 Supreme(Chh) 207

SANJAY S.AGRAWAL
Meera Singh Wd/o Late Munna Singh – Appellant
Versus
Kishore Kumar Namdev S/o Rameshwar Prasad Namdev – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Amiyakant Tiwari, Shri Bharat Gulabani.
For the Respondents: Shri A.S. Rajput, Shri Ashutosh Shukla, Shri R.N. Pusty.

ORDER :

1. This Miscellaneous Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act 1988’) questioning the legality and propriety of the award dated 31.07.2013 passed by the Additional Motor Accident Claims Tribunal (F.T.C.) Korba (C.G.) (hereinafter referred to as ‘the Claims Tribunal’) in Claim Case No. 03/2013, whereby, the learned Claims Tribunal has dismissed the claim petition. The parties to this appeal shall be referred hereinafter as per their description in the Claims Tribunal.

2. Briefly stated the facts of the case are that on 26.07.2006 at about 4.45 a.m. deceased Munna Singh and others were going by Pickup Van, i.e. Mahindra Jeep from Balconagar, Korba to Raipur for purpose of fetching vegetables, while carrying some materials as well. According to the claim petition, the vehicle in question having its Trade Certificate Jeep No. MP-26T-0373, Engine No. GA-51K-64794, Chassis No. MA1ZG2GAA51K40045 was owned by Non-applicant No. 2-Arvind Pal and was insured with Non-applicant No. 3- The Orien

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