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2024 Supreme(Online)(MP) 9633

HIGH COURT OF MADHYA PRADESH
Smt Rajkumari Sharma – Appellant
Versus
Radheyshayam Dangi – Respondent


Advocates:
Devika Thakur,

ORDER

This appeal under section 173(1) of the Motor Vehicles Act, 1988 by the appellants/claimants being aggrieved by impugned award dated 27.7.2017 passed by Fourth Additional Motor Accidents Claims Tribunal, Katni in MACC No.286/2015 [Smt.Bhawna Sharma and others Vs. Radheshyam and others] and seeking enhancement of amount of compensation of Rs.1,00,000/- [Rupees One lac] by paying court fee of Rs.2500/-.

2. Brief facts of the case are that on 12.8.2015 at about 4.30 pm when deceased (Deepak Sharma) was returning home from his work place on motorcycle bearing registration No.MP-35/MC-6439 and when he reached near opposite Central Bank in village Tewari at that juncture offending vehicle (Truck No.MP-21/H-0766) driven by respondent No.1 in rash and negligent manner gave dash to motorcycle of deceased from opposite side and tyre of motorcycle ran-over the deceased as a result of which he died.

3. The wife, mother, father and brothers being legal heirs of deceased filed claim petition against owner, driver and insurer of the offending vehcile claiming compensation of Rs.26 lacs.

4. The Tribunal vide impugned award granted total compensation of Rs.7,90,000/- by observing that only applic

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