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2021 Supreme(Chh) 233

DEEPAK KUMAR TIWARI
Shubham Kumar Suryavanshi S/o. Munnalal Suryavanshi – Appellant
Versus
Munnalal Suryavanshi S/o. Peelan Sai Suryavanshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri H.P. Agrawal, Advocate.

ORDER :

1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (henceforth ‘the Act’) against the award dated 5th August, 2021 passed by the 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir Champa (for short ‘the Tribunal’) in Claim case No.37/2020. Vide the said award, the Tribunal has exonerated the Insurance Company (Respondent No.2 herein) and fastened the liability upon the father of the appellants/claimants (Respondent No.1) and has awarded an amount of Rs.7,20,000/-as compensation on account of death of mother of the appellants/claimants namely, Meena Bai Suryavanshi, who is also the wife of respondent No.1 herein.

2. Learned counsel for the appellants would assail the impugned judgment on the ground of quantum and would submit that the Tribunal has wrongly exonerated the Insurance Company from the liability.

3. Heard learned counsel for the appellants and perused the award passed by the learned Tribunal.

4. It is an admitted fact that on 27.1.2020 deceased Meena Bai along with her husband was returning from Champa to Village Sothi on a motorcycle bearing registration No.CG-12/AM-0106, which was being driven by her husband

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