SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Chh) 138

RADHAKISHAN AGRAWAL
Sunita, Wd/o Shri Kishor Motwani – Appellant
Versus
Kesh Kumar, S/o Ramdas – Respondent


Advocate Appeared:
For the Appellants :Mr. Sumit Shrivastava and Mr. Rajendra Patel, Advocates.
For the Respondent:Mr. Sudhir Agrawal, Advocate.

JUDGMENT :

1. This appeal is by the claimants against the award dated 23.07.2015 passed by the Additional Motor Accident Claims Tribunal (F.T.C.) Dhamtari, C.G. in Claim Case No.155/2013, awarding total compensation of Rs.28,70,000/- with interest @ 6% per annum from the date of application till realization while fastening liability on the Insurance Company/non-applicant No.3.

2. Respondent No.3/Insurance Company has also filed cross objection under Order 41 Rule 22 of CPC challenging quantum of compensation.

3. As per averments made in the claim petition, on 01.07.2013, deceased- Kishor Motwani, aged about 39 years and being proprietor of Nav Bharat Steel was earning Rs.2,83,500/- per annum, died in the motor vehicular accident caused due to rash and negligent driving of Truck bearing registration No.CG05-B/8892 (hereinafter referred as 'offending vehicle') by non-applicant no.1/driver of offending vehicle- Kesh Kumar. At the time of accident, the offending vehicle was owned by non-applicant No.2-Jagjivan Singh and insured by Non-applicant No.3.

4. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.75,55,00

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top