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2023 Supreme(Chh) 582

SACHIN SINGH RAJPUT
United India Insurance Company Limited – Appellant
Versus
Kumari Duj D/o late Ganeshram Kanwar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Pankaj Agrawal, Advocate
For the Respondent:Shri K.K. Dewangan, Advocate

ORDER :

Since both these appeals arise out of the same award dated 24.10.2016 passed by Motor Accident Claims Tribunal, Katghora, (for short “Tribunal”) District Korba in Claim Case No. 158/2014, they are being decided by a common order.

2. MAC No. 146/2017 appeal has been filed by the United India Insur-ance Company whereas the other one being MAC No. 194/2017 has been filed by the claimants. As per the pleadings made in the Claim Application, on 27.02.2014 deceased Ramkumar aged about 21 years was going home from Katghora along with his friend on motorcycle bearing registration No. CG-10-EL-9860, near Podi Uproda the truck bearing registration No. CG-07-CA-3798 driven and owned by respondent Vijay Lohar rashly and negligently came from opposite direction and dashed against his motorcycle. As a result of this accident, Ramkumar fell down and received grievous injuries on the head, hand, leg and other parts of the body, and while being taken to hospital he succumbed to the injuries. His motorcycle was also damaged. On matter being reported, Crime No. 30/2014 was registered against the driver of the offending vehicle for the offence punishable under Sections 279, 337, 304-A IPC. The o

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