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2023 Supreme(MP) 708

HIRDESH
Branch Manager Hdfc Ergo General Insurance Company Ltd. – Appellant
Versus
Laxmi Nath – Respondent


Advocates Appeared:
Shri Mohd. Siddique, Advocate, for the Appellant; Shri Avdesh Gupta, Advocate for Respondent No.1 and Shri Rahul Rajput, Advocate for Respondent No. 6.

ORDER

Hirdesh, J. - This is an appeal filed by the Insurance Company u/S 173 (1) of the Motor Vehicles Act, 1988 being aggrieved the award dated 31.03.2018 passed by MACT Raisen in claim Case No. MACC/100001/2016 whereby the Tribunal awarded total sum of Rs.10,78,000/- with interest to respondent No. 1 to 4 on the ground of death of Sunil Nath in motor accident which allegedly took place on 23.10.2015.

2. Brief facts of the case is that according to the claim petition the deceased Sunil nath aged about 35 years was coming from Raisen at the fitful moment on 23.10.2015, offending vehicle Tractor bearing reg. No. MP-38-AB-4101 dashed him while he was standing for urination on the road side at Gram Maser. Thus, Sunil Nath sustained severe injuries and succumbed to injuries.

3. Thus legal representative of the deceased filed claim petition for granting compensation to the tune of Rs. 58,00,000/- against the appellant as well as owner and driver of the offending vehicle. Driver of the offending vehicle filed reply and denied all the adverse allegations. He further pleaded that no accident occurred by his vehicle and with the collusion of police his vehicle was wrongly implanted for getting

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