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2021 Supreme(MP) 449

SUBODH ABHYANKAR
Anil – Appellant
Versus
The National Insurance Company Limited – Respondent


Advocates:
Ms. Archana Maheshwari for appellant;
Ms. Priti Keshwani for respondent No. 1/Insurance Company.

ORDER

1. This miscellaneous appeal has been filed under section 173 (1) of the Motor Vehicles Act, 1988 against the award dated 27.1.2020 passed in Claim Case No.300132/2016 by Member, MACT Mandleshwar (West Nimar) District Khargone (MP) wherein, on account of the injuries suffered by the appellant/claimant, an award of Rs.1,67,530/- (rupees one lac sixty seven thousand five hundred thirty) has been awarded to him.

2. Facts giving rise to the present appeal are that on 26.8.2016, at around 10.30 in the night, the respondent No.1 Vinod Sharma who also happens to be the owner of an Eicher Truck bearing registration number MP-13 GA-5109 dashed the appellant while reversing the aforesaid Eicher, rashly and negligently. The appellant suffered fracture in his pelvis bone and was also hospitalized for two days from 27.8.2016 to 29.8.2016. Doctor has also given him a disability certificate of 30% vide Ex.P/46. Subsequently, the claim case was also filed by the appellant wherein it was pleaded that he was working as a skilled MA No.2582/2020 workman earning around Rs.400/- per day and R

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