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