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2024 Supreme(Chh) 7

RADHAKISHAN AGRAWAL
Manorama Kamla Bariha W/o Late Shri Birendra Kumar Bariha – Appellant
Versus
Resham Lal Sahu S/o Late Shri Lakhan Lal Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Balraj Gupta, Devershi Thakur.
For the Respondent: Chitra Shrivastava.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. This appeal is by the claimants against the award dated 08.12.2015 passed by the 1st Additional Motor Accident Claims Tribunal, Mahasamund, District: Mahasamund, (C.G.) in Motor Accident Claim Case No. H-152/2014 awarding total compensation of Rs. 17,25,000/- with interest @ 6% per annum from the date of application till realization, while fastening liability on the respondents herein jointly and severally.

2. As per claim petition, on 20.02.2014, while the deceased Birendra Kumar Bariha was going on his motor cycle from village Bastar Bhattipara to Naikguda, at that time, the offending vehicle Bus bearing registration No. CG 04 E 0021, being driven by its driver/respondent No. 1 in a rash and negligent manner, dashed the motorcycle of deceased, as a result of which, deceased received serious injuries over his body and died. At the time of accident, offending vehicle was owned by respondent No. 2 and duly insured with respondent No. 3.

3. The Tribunal considering the evidence led by both the parties passed an award as mentioned in Para 1 of thi

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