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2024 Supreme(Chh) 92

RADHAKISHAN AGRAWAL
Kunti Patel Wd/o Late Shri Bisesar Patel – Appellant
Versus
Prem Singh Kunjam S/o Late Shri Ful Singh Kunjam – Respondent


Advocate Appeared:
For the Appellant :Shri. Samir Singh and Shri Ashwell Franklin, Advocates.
For the Respondent:Shri. Robin A. Lal appears on behalf of Shri Ghanshyam Patel, Advocate.

JUDGMENT :

1. This is appellant/claimant's appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 22.09.2015 passed by the Additional Motor Accident Claims Tribunal, Dhamtari (C.G.) (for short, 'the Tribunal') in Claim Case No.31 of 2015 seeking enhancement of the compensation.

2. The facts leading to filing of the claim petition are that on 05.12.2014, the deceased Bisesar Patel was going to village Achhota and as soon as he reached near Karma Tractors, he was dashed by Truck (TATA 409) bearing registration No.CG/07/C/5833 (hereinafter referred to as the offending vehicle) being driven by its driver/respondent No.1 in a rash and negligent manner and as a result of such dash, Bisesar Patel sustained grievous injuries and died on the spot.

3. On account of death of Bisesar Patel, appellant filed a claim petition under Section 166 of the Motor Vehicles Act,1988 and sought total compensation amount of Rs.32,50,000/- under various heads, before the Tribunal, inter alia, stating that the deceased was aged 35 years and used to earn Rs.20,000/- per month by doing the furniture work.

4. Respondents filed their written statements before the Claims Tribunal denyin

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