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2023 Supreme(Jhk) 137

SANJAY KUMAR DWIVEDI
Touhid Ansari @ Md. Tauhid Ansari S/o Salim Ansari – Appellant
Versus
Rohit Kumar S/o Kartik Mahto – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.T. Rizwi, Jayant Kumar Pandey, Sourav Anand.
For the Respondent: Alok Lal.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. S.T. Rizwi, learned counsel appearing for the appellant in M.A. No. 391 of 2017 and also for respondent No. 1 in M.A. No. 451 of 2017 and Mr. Alok Lal, learned counsel appearing for the appellant-insurance company in M.A. No. 451 of 2017 and also for respondent-insurance company (respondent No. 3) in M.A. 391 of 2017.

2. Being aggrieved and dissatisfied with the judgment/award dated 22.05.2017, passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribag, in Claim Case No. 104 of 2008, these appeals have been preferred by the injured in M.A. No. 391 of 2017 for enhancement of the claim, whereas M.A. No. 451 of 2017 has been filed by the appellant-insurance company for setting aside the award.

3. On 23.02.2006 at about 2.00 P.M., the injured/claimant Touhid Ansari with his friend were returning from Ramgarh to his house on motorcycle. When they reached near Koriya Ghati within Mandu (Kuju) Police Station, suddenly a Dumper bearing registration no. JH-02-F-0581 was being driven by his driver rashly and negligently dashed the motorcycle, they thrown on the road, as s result of which, the injured/claimant sustai

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