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2005 Supreme(MP) 937

ARUN MISHRA, S.R.WAGHMARE
Netram – Appellant
Versus
Vijay Kumar – Respondent


Advocates Appeared:
AMRITA RUPRAH, NITIN AGGARWAL, P.K.Kaurav,

Judgment

( 1. ) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 21-1-2004 passed by Second Addl. Motor Accident Claims Tribunal, Gadarwara, District Narsinghpur in Claim Case No. 10/2003.

( 2. ) THE claimant filed the claim petition with respect to the injuries sustained by him in an accident dated 9-11-97 which took place at about 11 a. m. when claimant Netram along with Tarachand and other persons after hiring jeep for a sum of Rs. 500/- from the owner of the jeep Shri Vijay Kumar, was going from Gadarwara to have Darshan "banjari Mata temple situated at Kareli, Narsinghpur". Due to rash and negligent driving of Ramgopal, driver of the jeep, and to save a cyclist the jeep turned turtled, appellant sustained injuries and Tarachand died. Claimant suffered the fracture of clavicle bone and owing to the injuries sustained, his spleen was removed. He was admitted in Govt. Hospital, Narsinghpur. He remained at Govt. hospital from 9-11-97 till 11-12-97. His spleen was punctured, life saving operation was done. Claimant was lucky to survive. He could not resume the duty for about 6 months. The claimant was vegetable commission agen










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