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2022 Supreme(Online)(Chh) 1634

CHHATTISGARH HIGH COURT
Sanjay K. Agarwal, J
Goverdhan Singh – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sanjay Agrawal
For the Respondents: Mr. Ghanshyam Patel, Mrs. Meena Shastri

Table of Content
1. incident details and foundational claim. (Para 1 , 2 , 3 , 4)
2. arguments surrounding insurance liability. (Para 5 , 6 , 7)
3. court observations and interpretations of vehicle usage policy. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. final ruling and adjustments to compensation. (Para 20 , 25 , 26)
5. assessment of compensation claims and future earnings. (Para 21 , 22)

1. This appeal has been preferred by the owner under S.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act, 1988') questioning the legality and propriety of the award dated 31.10.2014 passed by Second Additional Motor Accidents Claims Tribunal, Surajpur, District Surajpur (C.G.) (hereinafter referred to as 'the Tribunal') in Claim Case No. 21 of 2012, whereby the Tribunal, while exonerating the insurance company from its liability, has awarded a total amount of compensation to the tune of Rs. 2,31,000 with 9 per cent interest per annum from the date of filing of the claim petition till the date of actual payment while the claimant has filed the cross - appeal seeking enhancement of the amount of compensation. The parties to this appeal shall be referred here



















































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