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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agarwal, J
Fuleshwari Tamrakar v. Varun Kumar Sinha
| Table of Content |
|---|
| 1. details of the compensation awarded for the accidental death. (Para 1 , 2 , 3) |
| 2. responses of the driver and owner regarding the claim. (Para 4 , 5 , 6) |
| 3. arguments presented by the appellants and respondents. (Para 7 , 8) |
| 4. judicial reasoning concerning the ex gratia payment and its implications. (Para 10 , 12 , 13 , 14 , 15 , 18) |
| 5. concluding remarks and final decision outcomes. (Para 11 , 19 , 20) |
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 P
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