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2023 Supreme(Chh) 194

RADHAKISHAN AGRAWAL
Hora Transport Company Limited, Through its Partner Shri Harminder Singh Hora, S/o. Late Shri Amrik Singh Hora – Appellant
Versus
Khileshwari Bai, W/o. Late Shri Dushen @ Dushyant Sahu – Respondent


Advocates Appeared:
For the Appellant : Mr. Amit Patel, Adv. on behalf of Mr. Sunil Sahu.
For the Respondents: Mr. Pankaj Agrawal.

JUDGMENT :

1. This appeal is by the Owner under Section 173 of the Motor Vehicles Act, 1988 against the award 15.05.2014 passed by the Additional Motor Accident Claims Tribunal (F.T.C.) Dhamtari, District Dhamtari, C.G. in Claim Case No. 12/2013, awarding total compensation of Rs.4,33,000/- with interest @ 6% per annum from the date of application till realization, fastening liability on the owner and driver while exonerating Insurance Company from liability on the ground that at the time of accident driver of vehicle was not having valid and effective licence to drive the vehicle. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

2. As per averments made in the claim petition, on 28.07.2012, deceased Dushen @ Dushyant Sahu, aged about 32 years, earning Rs.14,500/- per month as Salesman, working in Ms/ Ganga Maiya Tractors & Gulsan Agro Industries, was going with one Chabbi Lal on motorcycle bearing registration no. CG05-L-1273 as a pillion rider from Ambedkar Chowk, Dhamtari towards Tikrapara Chowk. However, on the way non-applicant no.1 by driving the vehicle truck bearing no.CG04-ZC-0890 (hereinafter referred

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