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2024 Supreme(Online)(MP) 27763

HIGH COURT OF MADHYA PRADESH
Lokesh – Appellant
Versus
Umesh – Respondent


Advocates:
Bhupendra Kumar Shukla,

ORDER

With consent of the parties, the matter is heard finally at motion stage.

This appeal has preferred by the appellant under Section 173(1) of Motor Vehicle Act challenging the award dated 16.11.2021 passed in MACC No.136/2019 by Chairman, MACT, Harda whereby claim petition of appellant - Lokesh has been dismissed.

2. Learned counsel for the appellant submits that appellant was residing with deceased's family and was also working with deceased and he is nephew of deceased. In this connection, learned counsel for the appellant has referred to para No.27 of impugned judgment. On above grounds, it is urged that tribunal has wrongly found that appellant is not dependent on deceased.

Therefore, appeal filed by the appellant be allowed and appropriate compensation be awarded to the appellant.

3. Learned counsel for respondent Nos.1 & 2 submits that admittedly appellant is not dependent on deceased, therefore, tribunal has rightly dismissed his claim.

4. I have heard learned counsel for the parties and perused the record of the case.

5. On the date of accident, appellant was aged approximately 28 years. It is also an admitted fact that appellant is nephew of deceased. Appellant has le

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