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2023 Supreme(Chh) 540

GOUTAM BHADURI
Rukhmani Bai Ratrey W/o Late Raju Kumar Ratrey – Appellant
Versus
Jagat Ram Naik S/o Mohan Lal Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Anand Kesharwani, Advocate
For the Respondent:Shri N.K. Malviya, Advocate

ORDER :

Heard.

1. This appeal is against the award dated 14-5-2015 passed by the Motor Accident Claims Tribunal, Bilaspur, in MACT No.412/2014 by which the learned Tribunal dismissed the claim of the legal heirs of Raju Kumar Ratrey. The claimants are the wife, minor daughter and mother & father victim/deceased.

2. Facts of the case, in brief, are that on 20/08/2012 the deceased Raju Kumar Ratrey was going on Motorcycle bearing registration No.CG-04-CA-6450 along with one Viond Kumar Barman. When they reached the main road at about 7-8 PM one tractor trolley bearing registration No.CG-11A-8435 was parked in the middle of the road in the dark which is owned by one Jagat Ram Naik. The deceased and the pillion rider dashed on to the backside of the said tractor trolley and sustained severe injuries and eventually died. Postmortem was carried out which is proved as Ex. A/5 shows that the cause of death was due to severe bleeding and internal injury and the time of death was stated before 24-36 hours prior to the postmortem. The main contention was that the tractor trolley which was pa

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