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2017 Supreme(Online)(Chh) 414

IN THE HIGH COURT OF CHHATTISGARH
RAJENDRA CHANDRA SINGH SAMANT, J
Fazaluddin Farooqui K. F. v. Jayant Mitra and Others


1. This appeal is preferred against the award dated 7.8.1999 passed in Claim Case No. 179 of 1997 by Second Additional Motor Accidents Claims Tribunal, Durg (for short 'the Tribunal'), for enhancement of the compensation.

2. It is not disputed that respondent No. 2 is the registered owner of jeep bearing registration No. MKT 396 and respondent No. 1 was his employed driver. It was also admitted that respondent No. 3 was the insurer of the vehicle and the insurance policy was effective from 17.4.1995 to 16.4.1996. The appellant / applicant presented a claim petition under S.166 of the Motor Vehicles Act (for short 'the Act' ) before Tribunal, Bhilai alleging that at about 7 p.m. on 9.7.1995 when he was riding a motor cycle bearing registration No. MP 24 - B 6397, the offending vehicle (jeep) bearing registration No. MKT 396, driven by the respondent No. 1 rashly and negligently dashed against the appellant causing grievous injuries on his leg and body and his motor cycle was also damaged. An offence was registered against respondent No. 1 in Police Station Supela and he was charge - sheeted. It was stated that the appellant suffered compound fracture of tibia and fibula bones of his

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