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2025 Supreme(Online)(CHH) 871

HIGH COURT OF CHHATTISGARH
Shri Justice Parth Prateem Sahu, J
MISS NAWALBATI BAGHEL – Appellant
Versus
DILIP CHAUHAN @ DULA – Respondent


Advocates:
Mr. Praveen Dhurandhar, Adv. on behalf of Mr. Pravin Kumar Tulsyan, Adv For Resp. No. 3 :Mr. Anil Gulati, Advocate

Order On Board

28/03/2025

1. Challenge in this appeal is to the award dated 03.02.2020 passed by Learned Motor Accident Claims Tribunal, Bastar, District Jagdalpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 164/2019, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) in part and awarded total sum of Rs. 10,75,500/- as compensation in death case.

2. Facts of the case relevant for disposal of this appeal are that Bhursu Ram Baghel used to do work of farming, labourer and vegetable selling. On 23.05.2019 at about 6.30 pm when deceased Bhursu Ram Baghel was going to his residence after selling vegetables from Jagdalpur on cycle, non- applicant no. 1, driving vehicle Innova No. CG17KF2222 (“offending vehicle”) rashly and negligently hit the deceased from behind on the road while going from Jagdalpur to Kondagaon, due to which Bhursu Ram Baghel received serious injuries. While taking him to the hospital for treatment, he died on the way. Complaint of the said accident was lodged, based upon which Crime No. 291/2019 for alleged offences under Section 279, 337, 304'A' IPC was registered

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