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2023 Supreme(Raj) 1309

PRAVEER BHATNAGAR
Dinesh Kumar, S/o. Shri Gyarsi Lal – Appellant
Versus
Maliram, S/o. Suna Ram Yadav – Respondent


Advocates Appeared:
For the Appellant : Mr. Rakesh Kumar.
For the Respondents: Mr. Brajash Sharma.

JUDGMENT :

1. The instant appeal arises out of the impugned judgment dated 15.02.2018 passed by Motor Accident Claims Tribunal, Bharatpur (hereinafter to be referred to as “Tribunal”).

2. The claimant/appellant Dinesh Kumar (hereinafter to be referred to as “injured”), preferred a claim petition, which was partly allowed and the compensation was granted to the tune of Rs.2,82,811/- in MACT Case No. 166/2012.

3. The Tribunal on scrutiny of the entire evidence led before held that injured Dinesh Kumar suffered injuries in the motor accident on 08.03.2012. The accident occurred due to rash and negligent driving of the driver of the offending vehicle. As the offending vehicle, on the date of the accident, was insured with the Respondent No.3 – Insurance Company, the Insurance Company was liable to pay compensation to the claimant.

4. The Tribunal assessed the income of the injured at Rs.4,082/- per month and considering 36% permanent disability awarded lump sum compensation of Rs.1,80,000/- towards the loss of income and awarded total compensation to the tune of Rs.2,82,811/-, the break up

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