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2024 Supreme(Chh) 323

SACHIN SINGH RAJPUT
Fuleshwari Tamrakar W/o Late Ramdas – Appellant
Versus
Varun Kumar Sinha Constable No. 1601 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Resham Lal Jaiswal, learned counsel
For the Respondent: Mr. Kanhaiya Yadav, learned counsel, Mr. Ajit Singh, learned GA

ORDER :

This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) is against the impugned award dated 27.10.2016 passed by the Additional Motor Accident Claims Tribunal, Rajnandgaon, CG (for short “the Tribunal”) in Claim Case No. 212/2014. By the impugned award, against a claim of Rs. 24,10,000/-, learned Tribunal has awarded the total compensation of Rs. 14,53,650/- in favour of the appellants / claimants on account of accidental death of Ramdas. The said accident occurred on 15.04.2014 on account of rash and negligent driving of the offending vehicle (Land Mine Vehicle) bearing registration No. C.G. 03/3190, by respondent No. 1. The offending vehicle was owned by respondent No. 2 / State of Chhattisgarh.

2. Since an amount of Rs. 10,20,000/- was paid by the police department / State of Chhattisgarh as ex gratia amount to the appellants / claimants, learned Tribunal while awarding the compensation deducted the same. It is worthwhile to mention here that learned Tribunal had initially quantified the compensation at Rs. 14,53,650/- but eventually after deducting the ex gratia amount of 10,00,000/- and Rs. 20,000/- for funeral expenses (total Rs. 10,20,000) arri

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