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CHHATTISGARH HIGH COURT
*I. M. Quddusi, G. Minhajuddin, JJ.
appellant insurance company – Appellant
Versus
claimants – Respondent
| Table of Content |
|---|
| 1. the appeal arises from a tribunal's award of compensation for a motor accident. (Para 1 , 2 , 3) |
| 2. discussion on the accident's circumstances and the driver's negligence. (Para 4 , 10) |
| 3. interpretation of 'public place' in context of liability under the motor vehicles act. (Para 5 , 6 , 7 , 8 , 9) |
| 4. assessment of damages and appropriate deductions based on dependents. (Para 11 , 12) |
| 5. final ruling on the modified compensation awarded to claimants. (Para 13) |
1. This appeal has been filed by the appellant insurance company against the award dated 26.8.2011 passed by the learned Second Additional Motor Accidents Claims Tribunal, Bilaspur (CG) (for short, 'the Claims Tribunal') in Claim Case No. 137 of 2011.
2. Brief facts of the case are that on 9.6.2009 at about 5 p.m. the respondent No. 6 reversed the truck bearing registration No. CG 04 - J 1411 in a rash and negligent manner and dashed against Dwarika Prasad Kashyap, who was at that time working in the Motor Mechanic Garage, Bilaspur, as a result of which he suffered grievous injuries on his body. He was admitted in CIMS Hospital, Bilaspur where he died while undergoing treatment. The claimants, being the dependan
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