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2011 Supreme(MP) 1383

N.K.MODY
DHUM SINGH – Appellant
Versus
SHAILENDRA – Respondent


Advocates Appeared:
For the Appellant : Manish Jain.
For the Respondent: P.K. Gupta and Mr. Bhaskar Agrawal.

JUDGMENT :

N.K. Mody, J.

Being aggrieved by the award dated 11.5.2004 passed by M.A.C.T. Jhabua in Claim Case No. 162 of 2001, whereby claim petition filed by appellant for compensation on account of injuries sustained by the appellant was dismissed, present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that on 11.4.2001 appellant was going on his motorbike from Jhabua to Umari. It was alleged that at that time the offending vehicle bearing registration No. MP 45-G 0005, which was driven by respondent No. 2 rashly and negligently, owned by respondent No. 1 and insured with respondent No. 3, dashed the appellant from behind with the result appellant sustained grievous injuries. Appellant was brought to District Hospital, Jhabua, where it was found that appellant sustained fracture in his right hand. Appellant was in the hospital from 11.4.2001 to 23.4.2001. It was alleged that claim petition be allowed and compensation be awarded. The claim petition was contested by the respondents. After framing of issues and recording of evidence, learned Claims Tribunal held that in the motor accident appellant sustained injuries and assessed




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