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2023 Supreme(Chh) 140

RADHAKISHAN AGRAWAL
Harita Dewangan W/o Late Tilaknath Dewangan – Appellant
Versus
Ramesh Korram S/o Danuram Korram – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Shri Shobhit Koshta, Advocate
For the Respondent:Shri Ratan Pushty, Advocate

JUDGMENT :

1. Heard on I.A. No.1 of 2019.

2. This is an application for condonation of delay of 113 days in filing the MAC.

3. For the reasons mentioned in the application which is duly supported by an affidavit, the same is allowed and delay in filing the MAC is condoned.

4. Also heard on admission.

5. The appeal being arguable is admitted for hearing.

6. With the consent of the parties, the matter is heard finally.

7. This appeal is by the claimants against the award dated 25.01.2019 passed by Motor Accident Claims Tribunal, Kondagaon, District Kondagaon, C.G. in Claim Case No.63/2018 awarding total compensation of Rs.48,84,432/- with interest @ 9% per annum from the date of application till realization, fastening liability on the Insurance Company.

8. As per claim petition, on 25.04.2018, deceased Tilak Nath Dewangan, aged about 43 years, earning Rs.33,710/- per month as Lecturer (Panchayat) was coming from Narayanpur to Kondagaon on motorcycle bearing registration CG17-KD-4042. However, on the way, driver of the vehicle Bolero bearing registration No.CG07-AY-4062 (hereinafter referred to as 'offending vehicle'), driving by non-applicant No.1 in a rash and negligent manner, dashed the m

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