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2024 Supreme(MP) 34

HIRDESH
Divisional Manager, the Oriental Insurance Company Ltd. – Appellant
Versus
Naeem Khan S/O Kallu Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Anushri Chourasiya, Advocate, Shri R.P. Mishra, Advocate
For the Respondent:Shri R.P. Mishra, Advocate, Ms. Anushri Chaurasiya, Advocate

ORDER :

As both these appeal arise out of the same award, these are being decided by common order.

2. M.A.No. 4093 of 2018 has been filed by the Insurance Company for exonerating it from the liability to pay compensation or reducing the compensation amount and M.A.No. 2799 of 18 has been filed by the claimants for enhancing the amount of compensation.

3. Both these appeals arise out of the award dated 7.5.2018 passed by the 14th AMACT, Bhopal in claim case No. 568/2016.

4. Brief facts of the case are that injured Naeem Khan along with Raees Khan was returning home on Motor Cycle bearing registration no MP04-NZ-3842 owned by father of injured Naeem Khan. As soon as they reached Highway by-pass road, Gram Barkheda Bonder, PS Khajuri Sadak, Bhopal at that fateful moment on 13/02/2016 the insured vehicle dashed the divider due to rash and negligent driving by Raees Khan and hence only claimant sustained severe injuries including head injury. Naeem Khan through Guardian Mother filed the claim petition for grant of com-pensation to the tune of Rs. 74,00,000 along with interest against dr

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