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ARVIND KUMAR VERMA
Nirmal Bai Patre, W/o Shri Krishna Kumar Patre – Appellant
Versus
Munni Bai W/o Late Ghasiram Suryanshi – Respondent
ORDER :
1. The instant appeal has been preferred by the Appellants /Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'the Act of 1988') seeking enhancement of compensation awarded by the learned 7th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) (for short, 'the Tribunal') vide award dated 08.12.2017 passed in Claim Case No.311/2014, whereby the Tribunal has partly allowed the application filed under Section 163-A of the Act, 1988 by Claimants and awarded Rs.3,69,500/- as compensation in a fatal accident case.
2. According to the claim petition moved before the Tribunal, on 14.01.2011, Sanjay Kumar Patre was going to Village Semra, in his motorcycle bearing registration No. CG 10 EH 1863. In the way, near canal road in front of Village Semra School, accident was occurred with motorcycle TVS Moped bearing registration No.CG 10 H 1893. Due to which, Sanjay Kumar Patre sustained fatal injury and was succumbed in the hospital. The vehicle involved in the said accident was owned by Ghasiram Suryavanshi who was husband of respondent No.1 and father of respondents No.2 to 6. The said vehicle was insured with responden
The main legal point established is the application of the structured formula under Section 163-A of the Motor Vehicles Act, 1988, for compensation in fatal accident cases, and the liability of the i....
Under Section 163-A of the Motor Vehicles Act, compensation must adhere to a structured formula without requiring proof of negligence, with insurance liability confirmed even if the driver lacks a va....
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