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2023 Supreme(Chh) 539

SACHIN SINGH RAJPUT
Rajeshwari Yadav Wd/o Late Kedar Nath Yadav – Appellant
Versus
Rajesh Kumar Mishra S/o Late Shitla Prasad Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Arjun Lal Singroul, Advocate
For the Respondents: Mr. Karan Kumar Baharani, Adv appears on behalf of Mr. P. K. Tulsyan, Mr. Azad Siddique, Adv.

JUDGMENT :

1) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed challenging the award dated 24.12.2016 passed by the Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.575/2015. By the impugned award, the learned tribunal has awarded Rs.2,55,280/- as compensation to the appellants/claimants with 9% interest per annum on account of death of deceased Kedar Nath Yadav in an unfortunate accident which took place on 27.09.2015 by rash and negligent driving of respondent No.1/driver by offending vehicle i.e. Alto Car bearing Registration No. CG-10F-9958.

2) As per the pleadings of the claim application filed under Section 166 of the MV Act, the deceased was a retired person and he was getting pension of Rs.14,035/- per month. The appellants/claimants being widow and major sons of the deceased had filed the claim application claiming total compensation of Rs.15,21,000/-.

3) The claim application was resisted by respondents/driver, owner and insurance company of the offending vehicle on various grounds.

4) The learned tribunal on the

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