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2023 Supreme(Chh) 512

RADHAKISHAN AGRAWAL
Anand Kumar Son, S/o Late Dharam Pal – Appellant
Versus
Chhatrapal Rajwade, S/o Mehilal Rajwade – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Praveen Dhurandhar, Advocate.
For the Respondent:Mr. H.A.P.S. Bhatia, Mr. Sudhir Agrawal, Advocate.

JUDGMENT :

1. This appeal is by the claimants against the award dated 24.06.2019 passed by 2nd Additional Motor Accident Claims Tribunal, Manendragarh, District Korea, C.G. in Motor Accident Claim Case No.09/2018, awarding total compensation of Rs.4,48,000/- with interest @ 8% 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 01.11.2017 at about 7:00 pm, deceased- Virendra Kumar @ Raja along with his friend was coming on motorcycle bearing registration No.CG16-D-7754 from village Katotiya to Manendragarh, however, on the way, when he reached near Imli Golai, he was dashed by Bolero vehicle bearing registration No.CG16-CH-6579 (hereinafter called as 'offending vehicle') being driven by its driver/non-applicant No.1 in a rash and negligent manner, as a result of which, deceased- Virendra Kumar @ Raja sustained grievous injuries over his body and died on the

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