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2007 Supreme(MP) 484

ARUN MISHRA, K.S.CHAUHAN
RAM BHAGAT GOUTAM – Appellant
Versus
JETHANAND HARWANI – Respondent


Advocates Appeared:
R.K.Samaiya, Rajroop Patel, SHARAD GUPTA,

Judgment

( 1. ) THIS appeal has been preferred by the claimant for claiming higher compensation owing to the injuries sustained by him in an accident dated 7-10-2000 and for saddling liability on the Oriental Insurance Co Ltd. 1st motor Accident Claims Tribunal, Katni as per award dated 19-12-02 passed in claim Case No. 588/2000 has awarded compensation of Rs. 35,000 on account of fracture of clavicle bone sustained by the claimant along with interest at the rate of 7% per annum from the date of filing claim petition till realization.

( 2. ) CLAIMANT Rambhagat, aged 25 years, filed a claim petition claiming compensation of Rs. 5,10,000. It was submitted that at about 11. 30 PM on 7-10-2000 when claimant was going on Hero Puch (MP-21b/4642) to Katni, he was dashed by a motor cycle (MP21-B/7934), driven by Jethanand Harwani. owned by Kailash Poptani and insured with Oriental Insurance Co. Ltd. He sustained fracture of clavicle and incurred permanent disability. Claim petition was filed on 21-12-2000 after about two months of the accident. ( 3. ) OWNER and driver remained ex parte before the Claims Tribunal. Insurer in the written statement contended that motorcycle was not involved in










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