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2024 Supreme(Chh) 5

RADHAKISHAN AGRAWAL
Savitri Bai W/o Late Pannalal Barle – Appellant
Versus
Kamlesh Kumar S/o Kriparam Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Jitendra Gupta, P.K. Goswami.
For the Respondent: Chitra Shrivastava.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. This appeal is by the claimants against the award dated 23.11.2015 passed by the 4th Additional Motor Accident Claims Tribunal, Durg, C.G. in Claim Case No. 42/2015, awarding total compensation of Rs. 8,39,100/- with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company. 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 15.05.2015, deceased-Pannalal, aged about 45 years, earning Rs. 20,000/- per month by running a General Store, along with his wife (Smt. Savitri Bai)-appellant No. 1 was going to village Somni on motorcycle bearing registration No. CG08-U-8284. However, on the way, when they reached near village Kandul, non-applicant No. 1/driver of the Metador bearing registration No. CG04-G-6482 (hereinafter referred as 'offending vehicle') by driving the same in a rash and negligent manner, dashed the said motorcycle of deceased, as a result of which, deceas

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