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2011 Supreme(Raj) 728

SANGEET LODHA
General Manager, M. P. State Road Transport Corporation – Appellant
Versus
Mahaveer – Respondent


Advocates Appeared
Dhirendra Pandey, for Appellants;
N.K. Rastogi, for Respondent No1

Hon'ble LODHA, J.—This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against judgment and award dated 3.8.2004 of Motor Accident Claims Tribunal, Pratapgarh passed in Claim Case No. 21/2003.

2. The brief facts in nutshell are that on 4.3.2002 two brothers Shripal and Mahaveer while coming from Mandsaur to Pratapgarh on a motor cycle were hit by a bus of he appellant corporation driven in rash and negligent manner by its driver Anwar Khan the respondent No.2 herein. As a result of the accident, Shripal died on the spot and Mahaveer suffered injuries.

3. The respondent No.1 Mahaveer filed a claim petition claiming compensation a sum of Rs. 2,36,000/-. The Tribunal determined the compensation payable a sum of Rs. 50,358.50/-. Hence, this appeal on behalf of the appellant Corporation the owner of the vehicle.

4. Learned counsel for the appellants contended that the compensation awarded by the Tribunal in favour of the respondent/ claimant is in much higher side. Learned counsel submitted that the all the injuries suffered by the respondent/claimant were found to be simple in nature and therefore, the Tribunal has seriously erred in awarding a sum of Rs. 18,000/- tow





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