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2021 Supreme(Chh) 373

SANJAY S. AGRAWAL
Puniya Bai Maravi, W/o. Late Shri Sumendra @ Ramesh Singh Marravi – Appellant
Versus
Bhavani Singh, S/o. Dara Singh – Respondent


Advocates Appeared:
For the Appellants : Shri Keshav Dewangan.
For the Respondents: Shri Shailesh Tiwari, Shri Qamrul Aziz.

JUDGMENT :

1. This Appeal has been preferred by the Claimants under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of the award under Appeal dated 17.08.2017 passed by Motor Accident Claims Tribunal, Mungeli (for short 'the Claims Tribunal') in Claim Case No.11/2017, whereby the Tribunal has awarded a total amount of compensation to the tune of Rs.7,22,200/-with 9% interest per annum from the date of filing of the claim Petition till its realization. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

2. Briefly stated the facts of the case are that on 18.08.2016 at 3.15 p.m, deceased Sumendra @ Ramesh Singh Maravi was going along with his friend namely Dujram Dhruv from Litiya to village Changori and at the relevant time, they were dashed vehemently from their back side by the offending vehicle “truck” bearing its Registration No.CG-10 A-5978 owned by Non-Applicant No.2-Bhajan Singh and insured with Non-Applicant No.3-New India Insurance Company Limited owing to rash and negligent driving

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