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2019 Supreme(MP) 198

VIVEK AGARWAL
Baijobai – Appellant
Versus
Rehman Khan – Respondent


Advocates:
Umesh Kumar Sharma for appellants; Arvind Kumar Agarwal for respondent No. 3/Insurance Company.

ORDER

1. This Miscellaneous Appeal has been filed by the claimants being aggrieved by Award dated 14th August, 2014, passed by Second Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 91/2013, seeking enhancement of the claim amount and declaring the claimants to be dependent on the deceased. It has also come on record that cross objections have been filed by the respondent No. 3, Insurance Company, challenging the Award. Such cross objections were filed on 18.6.2015.

2. Learned counsel for the appellants submits that deceased Manish Kori was their son who died in an accident which took place on 12.3.2012 from a tractor bearing registration No. MP30AA2578 being owned by respondent No. 2, driven by respondent No.1 and insured with respondent No. 3 but learned Claims Tribunal has arbitrarily awarded only a sum of Rs. 50,000/- (Fifty Thousand) on the ground that Dhurjan Kori (PW1) admitted in his cross examination that deceased Manish was though his biological son but was given in adoption to elder brother Lajjaram and, therefore, after giving such boy in adoption, Dhurjanlal Kori or Baijobai cannot claim that Manish was their son. It is pointed out that in paragraph 13, this

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