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2024 Supreme(Chh) 192

RADHAKISHAN AGRAWAL
Harish Kumar Sahu S/o Hemlal Sahu – Appellant
Versus
Laxmi Sahu W/o Harish Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Samir Singh and Shri Arvind Kumar Singh, Advs.
For the Respondent: Shri Neelkanth Malviya, Adv.

JUDGMENT ON BOARD :

1. This appeal has been filed by the appellant/claimant being aggrieved by the impugned award dated 30.10.2015 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short, 'the Tribunal) in Claim Case No.43/14, whereby the Tribunal has dismissed the claim petition filed by the claimant/appellant under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, 1988).

2. Briefly stated the facts of the story is that on 12.09.2012, the appellant/claimant, who was driving the motorcycle bearing registration No.CG- 12-AA-2292 (for short, the offending motorcycle), was coming from Jaijaipur to Paladi, met with a vehicular accident near Darrabhata main road, owing to which, he received injuries on his head, both hands, leg, ear and other parts of the body. Matter was reported to Baradwar Police Station. Thereafter, the injured/claimant was referred to Primary Health Center, Baradwar and then was treated at Apollo Hospital, Bilaspur and Narayana Hospital, Raipur. At the time of accident, respondent No.1, being wife of the claimant, was registered owner of the offending motorcycle whereas respondent No.2 was insurer of th

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