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2023 Supreme(MP) 385

AMARNATH (KESHARWANI)
Shriram General Insurance Co. Ltd. – Appellant
Versus
Rameshwari Bai – Respondent


Advocates:
A. N. Sharma for appellant; S. K. Sharma for respondent No. 1.

ORDER

1. This Miscellaneous Appeal under section 173(1) of the Motor Vehicles Act, 1988 is filed by the appellant/Insurance Company being aggrieved with the award dated 29.3.2019 passed by learned Fifth Additional Motor Accident Claims Tribunal, Bhopal in Motor Accident Claim Case No.1001/2017, whereby the learned Tribunal has awarded a sum of Rs.9,17,004/- (nine lakhs seventeen thousand four) with interest @ 6% per annum from the date of filing of petition till date of realization.

2. Brief facts of the case are that on 28.2.2017 at 03:00 p.m. respondent No.1/claimant was returning to her house after attending a marriage function on a motorcycle bearing registration No.MP-05-MQ5359, which was being driven by respondent No.3 in rash and negligent manner, due to which respondent No.1 fell down from the motorcycle. In the incident respondent No.1 sustained grievous injuries on her head, face and ear. After the accident, respondent No.1 was admitted at Narmada Hospital, Bhopal, where she got stitches in her head. It was alleged that due to the injuries sustained by respondent No.1 in the accident, she remained in coma for a long period. Since, respondent No.1 remained in coma, hence, on

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