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2023 Supreme(Jhk) 1121

PRADEEP KUMAR SRIVASTAVA
Gautam Kumar Banarjee S/o Late Kishori Mohan Banarjee – Appellant
Versus
C. P. Vidyarthi S/o Late J. Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.B. Lal, Sheo Kumar Singh, Rajiv Kumar Karan.
For the Respondents: Mrinal Kanti Roy, Manish Kumar, Yogendra Prasad.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the parties.

2. Present miscellaneous appeal has been preferred by the appellant (victim of accident) for enhancement of compensation awarded by Motor Accident Claim Tribunal, Dhanbad passed in MACT Case No. 04 of 2004, whereby and whereunder an award of Rs. 8,16,492/- along with simple interest @ 6 % per annum has been passed in favour of the claimant/appellant under Section 166 of the Motor Vehicles Act, 1988.

3. Shorn of unnecessary facts, the case of the claimant/appellant is that on 26.04.2003 at about 7 P.M., the claimant/appellant along with his friend was returning from Saraidhela to his village Hirapur by his scooter bearing Reg. No. BR-17C-7686 and reached near Police Line, Prem Chandra Nagar, meanwhile, a Maruti Car bearing Reg. No. WB-38L-4383 being driven in a rash and negligent manner coming from opposite direction dashed the scooty of the claimant/appellant, due to which, the claimant sustained grievous injury in his right leg. Thereafter, the claimant/appellant was sent to Central Hospital, Saraidh

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