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2021 Supreme(Sikk) 21

BHASKAR RAJ PRADHAN
Suja Khilingay D/o Kumar Khilingay – Appellant
Versus
Archana Chettri – Respondent


Advocates Appeared:
For the Claimant :Mr. Thupden G. Bhutia, Advocate
For the Respondent:Ms. Zola Megi, Advocate Mr. Sudesh Joshi, Advocate

JUDGMENT

Bhaskar Raj Pradhan, J.

1. The claimant is a private school teacher. She was walking on the side of the road when a vehicle bearing registration no.SK.01 TR 3193 (Mahindra KUV100), driven by the respondent no.3, came in excessive speed and hit the claimant. As a result, the claimant was thrown 70-80 feet from the place of impact and sustained multiple grievous injuries on 11.03.2016. She was 26 years old at the time of the accident. The claimant was earning a total monthly income of Rs.13,500/- (Rs.8000/- as monthly salary plus Rs.5,500/- from private tuition). She filed a claim petition before the Motor Accident Claims Tribunal (Claims Tribunal) seeking compensation of an amount of Rs.24,23,463/- on 06.12.2017 under Section 166 of the Motor Vehicles Act, 1988. Written objections were filed by the respondent nos.1 and 2, the owner and the Insurance Company respectively. The respondent no.3 the driver of the motor vehicle did not file a counter to the claim petition. The claimant examined herself and her sister Ms. Puja Khilingay to prove the accident; the grievous injuries su

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