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2007 Supreme(MP) 372

S.K.SETH, S.K.KULSHRESTHA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
HUMKUMCHAND – Respondent


Advocates Appeared:
M.Raveendran, SUDHA SHRIVASTAVA

S. K. KULSHRESHTHA, J.

( 1 ) THIS appeal has been filed by Insurance Company. under Section 173 of the Motor Vehicles Act, against the award dated 2-12-2004, passed in Claim Case No. 42/2004 by the 4th Additional motor Accident Claims Tribunal (Fast Track), Khargone, by which the claimant has been awarded a total sum of Rs. 11. 65. 300/- for the injuries sustained by him in a motor accident.

( 2 ) ON 9-4-2003. the respondent -Hukumchand was proceeding on his motorcycle. As he reached Kasravad Road, near rto Office, respondent No. 2 approached at an alarming speed driving a Tractor which collided with the motorcycle of the applicant. The applicant Hukumchand sustained grievous injuries and was in coma for a period of one month. Even on the date of the filing of the application for claim, the respondent -claimant was confined to bed and was unable to attend to his daily routine. It was in this context that a sum of Rs. 21,85,000/-was claimed. The Tribunal, however, awarded a sum of Rs. 11,65,300/-, the Insurance Company has filed this appeal on the limited question as to whether without appointment of a guardian under the provisions of Rule 233 of the Madhya Pradesh motor Vehicle Rul












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