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2023 Supreme(Online)(MP) 8867

HIGH COURT OF MADHYA PRADESH
National Insurance Company Limited – Appellant
Versus
Jamni Bai – Respondent


Advocates:
Asghari Khan,

Appellant/Insurance Company has preferred this appeal under

Section 173(1) of the Motor Vehicles Act, 1988 being aggrieved by the

award dated 11.10.2018 passed by learned Motor Accident Claims

Tribunal, Mandla (M.P.) in MACC No.164/2016, whereby learned

Tribunal has awarded Rs.2,82,000/- (Two lacs Eighty Two thousand Only)

with interest of 6% per annum from the date of filing of claim petition.

Brief facts of the case are that on, 12.10.2015 at around 02:00 PM,

claimant/respondent No.1 was riding on Motor-cycle No.MP-51-MB-4683

which was driven by respondent No.2 and deceased Khutiya Bai w/o

Sukhai Gond was also riding on the said Motor cycle at the time of the

incident. Offending vehicle was being driven in rash and negligent manner

by respondent No.2 as a result of which Khutiya Bai fell down from the

motorcycle and sustained injuries and died on spot. Report of incident was

lodged at Police Station-Tekeriya. Being the legal representative of

deceased Khutiya Bai, the respondent No.1 filed a claim petition under

Section 166 of the Motor Vehicles Act before the Motor Accidents Claims

Tribunal, Mandla claiming Rs.19,50,000/-(Nineteen lacs Fifty Thousand

rupees), wherei

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