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2024 Supreme(Chh) 162

RADHAKISHAN AGRAWAL
Lachhani Sodi @ Gagri Bai Wd/o Late Mahanguram Sodi – Appellant
Versus
Vidya Singh Baghel S/o Lachchhu Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Praveen Dhurandhar, Adv.
For the Respondent: Mr. Dashrath Gupta, Adv.

JUDGMENT ON BOARD :

1. This appeal is by the claimants against the award dated 27.04.2016 passed by the Motor Accident Claims Tribunal, Kondagaon, District: Kondagaon, (C.G.) in Motor Accident Claim Case No. 41/2013 wherein, the Tribunal has rejected the claim petition in toto preferred by the appellants/claimants.

2. As per claim petition, on 28.12.2012, when the deceased Mahanguram was returning to his home, at that time, the tractor bearing registration No. CG 17 ZG 0248 (for short the ‘offending vehicle’) which was being driven by respondent No. 1, rashly and negligently, dashed the deceased, due to which the deceased sustained grievous injuries and died during the course of his treatment. At the time of accident, offending vehicle was owned by respondent No. 2 and duly insured with respondent No. 3.

3. On account of death of Mahanguram arising out of injuries sustained by him in vehicular accident, the claimants filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs. 10,85,000/- on various heads. The Tribunal considering the evidence led by both the parties dismissed the claim petition filed by the claimants on the ground that th

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