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IN THE HIGH COURT OF CHHATTISGARH
Naresh Kumar Chandravanshi, J
Hemendra Kumar Gurjar v. Laxman Gond


1. This appeal under S.173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been preferred by the appellants / driver and owner against award dated 23.3.2023 passed by Upper Motor Accidents Claims Tribunal, Surajpur Distt. Surajpur in Motor Accident Claim Case No. 151/2021.

2. By the impugned award, the Claims Tribunal allowed the claim petition filed by the claimant and awarded a total sum of Rs.14,81,200 in favour of respondent No. 1 / claimant and respondent No. 3 on account of death of Dharmjeet, who was son of respondent No. 1 and husband of respondent No. 3, in an accident occurred on 3.3.2021 due to rash and negligent driving of the offending vehicle (pickup van), bearing registration No. CG 29 - AD 2845, by appellant No. 1, owned by appellant No. 2 and insured with respondent No. 2 - insurance company. However, insurance company has been exonerated by the Tribunal, holding that there is breach of policy condition.

3. As per the pleading of the claim petition, the deceased - Dharmjeet, aged about 20 years, was working as a helper / khalasi on the pickup van bearing registration No. CG 29 - AD 2845 owned by appellant No. 2. On 3.3.2021 as per the instruction of the o

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