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2025 Supreme(Online)(Chh) 10620

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agarwal, J
Fuleshwari Tamrakar v. Varun Kumar Sinha


1. This appeal under S.173 of the Motor Vehicles Act, 1988 (for short MV Act) is against the impugned award dated 27.10.2016 passed by the Additional Motor Accidents Claims Tribunal, Rajnandgaon, C.G. (for short 'the Tribunal') in Claim Case No. 212/2014. By the impugned award, against a claim of Rs.24,10,000, learned Tribunal has awarded the total compensation of Rs.14,53,650 in favour of the appellants / claimants on account of accidental death of Ramdas. The said accident occurred on 15.4.2014 on account of rash and negligent driving of the offending vehicle (land mine vehicle) bearing registration No. CG - 03-3190, by respondent No. 1. The offending vehicle was owned by respondent No. 2 / State of Chhattisgarh.

2. Since an amount of Rs.10,20,000 was paid by the Police Department / State of Chhattisgarh as ex gratia amount to the appellants / claimants, learned Tribunal while awarding the compensation deducted the same. It is worthwhile to mention here that learned Tribunal had initially quantified the compensation at Rs.14,53,650 but eventually after deducting the ex gratia amount of Rs.10,00,000 and Rs.20,000 for funeral expenses (total Rs.10,20,000) arrived at the compensati

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