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2024 Supreme(MP) 23

HIRDESH
ICICI Lombard General Insurance Company Limited – Appellant
Versus
Rukmani Bai W/O Kishore Vishkarma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri. Aditya Narayan Sharma, Advocate
For the Respondent: Shri. R.N.Shah

ORDER :

This appeal under section 173(1) of the Motor Vehicles Act, 1988 has been filed by appellant-ICIC Lombard General Insurance Co. Ltd. (hereinafter referred to as the “Insurance Company”) being aggrieved by award dated 02.8.2022 passed by 16th Additional Motor Accidents Claims Tribunal, Bhopal (for brevity “the Tribunal”) in Claim Case No.1530/2020 whereby the Tribunal has awarded compensation on account of death of deceased-Kishore Vishwakarma in motor accident which allegedly took place on 05.8.2020.

2. Brief facts of the case are that respondent No.1 to 5 who are claimants filed claim petition under section 166 of the Motor Vehicles Act claiming compensation of Rs.1,26,00,000/- for the death of deceased-Kishore Vishwakarma who is husband of respondent No.1 and father of respondents No.2 & 3 and son of respondents No.4 & 5. The claimants averred that on the fateful day the deceased was travelling on his motorcycle when offending vehicle bearing registration No.MP-04/CU-1377 which was owned and driven by respondent No.6 (Rakesh Singh Kushwaha) allegedly in rash and negligent manner hit the deceased who fell down from bike and sustained fatal injuries and could not survive and

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