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2013 Supreme(MP) 1452

J.K.MAHESHWARI
S. C. Joshi – Appellant
Versus
Ashok Kumar Singh – Respondent


Advocates Appeared:
For the Appellant : J.L. Mishra
For the Respondent: Rakesh Jain

JUDGMENT :

J.K. Maheshwari, J.

Assailing the award dated 31.7.2009 passed by 13th Additional Member, Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 933 of 2008 on the point of inadequacy of compensation, the injured appellant has preferred this appeal u/s 173 of the Motor Vehicles Act, 1988 for an accident that took place on 28.1.2008 in which he sustained injuries. The injured-claimant has filed claim petition u/s 166 of the Motor Vehicles Act, 1988 on account of receiving head injuries in the road accident that took place on 28.1.2008. He remained hospitalised in C.H.L. Apollo Hospital at Indore from 28.1.2008 to 24.3.2008. It is stated that the injured was not in a position to move without assistance and unable to perform the duty in future, however, his promotional prospects have itself been lost by such accident. It is further said that on the date of accident he was working as a Private Secretary in Government of Madhya Pradesh and getting salary of Rs. 24,000, however, compensation to the tune of Rs. 85,00,000 was prayed for.

2. Insurance company has resisted the claim on many grounds including violation of the terms and conditions of the policy but all of those grou






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