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2011 Supreme(MP) 1400

N.K.MODY
VIMLA BAI – Appellant
Versus
MUKESH VERMA – Respondent


Advocates Appeared:
For the Appellant : G.K. Neema.
For the Respondent:H.C. Jindal with Shri M. Jindal, Advocates

JUDGMENT :

N.K. Mody, J.

This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 28th November, 2006 passed by VII Motor Accident Claims Tribunal, Indore in Claim Case No. 46/04. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,78,000/- with interest to the claimants for the death of one Smita Verma who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. Cross-objections have been filed by the respondent No. 2 wherein the quantum is under challenge. So the question that arises for consideration is whether any case for enhancement/ reduction in compensation awarded by the Tribunal on facts-evidence adduced is made out in the compensation awarded and if so to what extent ? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying








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