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2011 Supreme(MP) 1073

U.C.MAHESHWARI
Aditi (Smt. ) – Appellant
Versus
Dinesh Kumar – Respondent


Advocates Appeared:
For the Appellants :Mr. Shri B.D. Verma, Advocate., For the Respondent No. 3:Mr. S.S. Bansal, Advocate.

JUDGMENT :

Mr. U.C. Maheshwari, J. -

Appellants-claimants have come forward with this ap­peal under Section 173 of the Motor Ve­hicles Act 1988, in short "The Act" for en­hancement of the sum awarded by the Mo­tor Accidents Claims Tribunal, Gwalior in Claim Case No. 36/2008, vide award dated 07.11.2008, whereby their claim with re­spect to the vehicular death of Shri Sanjay in the alleged motor accident has been awarded against the respondents by sad­dling their joint and several liability to in­demnify the sum of Rs. 4,17,500/- with in­terest @ 6% p.a. from the date of filing the claim petition.

2. The facts giving rise to the present ap­peal in short are that the appellants herein filed the claim petition contending that the said Sanjay aged 27 years, the husband of appellant No. 1, while the son of remain­ing appellants on 09.02.2007 while sitting as a pillion rider on the scooter of one Sanjeev was going towards some place of exhibition. On the way near some bridge such scooter was dashed by a truck bear­ing registration No. M.P. 08/D/5653 driven by the respondent No. 1 Dinesh in rash and negligent manner resultantly Sanjay had fallen down and sustained the injuries and due to suc












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