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2019 Supreme(MP) 91

ANAND PATHAK
ICICI Lombard General Insurance Company – Appellant
Versus
Chandra Shekhar – Respondent


Advocates:
S. Gajendragadkar for appellant/Insurance Company; Balwant Singh for respondents No. 1 to 5.

ORDER

1. This miscellaneous appeal under section 173 (1) of the Motor Vehicles Act, 1988 has been preferred on behalf of the appellant/Insurance Company, assailing the award dated 31st March, 2011 passed by Additional Member, Motor Accident Claims Tribunal, Datia in Claim Case No. 05/2011; whereby, an amount of Rs. 2,52,500/- has been awarded to respondents No. 1 to 5/Claimants for death of their mother, who died in road accident dated 24.8.2010.

2. Precisely stated facts of the case are that on the fateful date of 24.8.2010 at about 3 pm, Fundibai (deceased mother of Claimants) was going on by the side of road. Suddenly, at Janshi-Kanpur, near village Baretha, the driver of offending truck bearing registration No. UP-93-T4544,driving the same in rash and negligent manner dashed the deceased,due to which she died on spot. Therefore, claimants filed a claim case before the Claims Tribunal under section 166 of the Motor Vehicle Act, 1988 claiming Rs. 7,35,000/- as compensation for the death of their mother.

3. Claims Tribunal after framing issues, recorded evidence and after appreciation of the same, by impugned award, awarded a compensation to the tune of Rs. 2,52,500/- to the claima


















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