HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
Smt. Madhu – Appellant
Versus
Ashok Tripathi – Respondent
| Table of Content |
|---|
| 1. claimant appeals for compensation (Para 2 , 3 , 4) |
| 2. insurance company contests liability (Para 6 , 7 , 8) |
| 3. court discusses evidence and liability (Para 9 , 10) |
| 4. court's reasoning on proof standards (Para 11 , 12 , 13) |
| 5. court affirms tribunal's decision (Para 14 , 15) |
ORDER
M.A. No.6392 of 2024 has been filed, under Section 173 of the Motor Vehicles Act, 1988 , against Award dated 15/5/2024 passed by VIII Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in MACC No.1240 of 2021 for enhancement of compensation.
M.A. No.5224 of 2024 has been filed by the Insurance Company against the finding given by the Claims Tribunal that the Insurance Company is jointly and severally responsible to pay the compensation.
Accordingly, both the appeals are being decided by this common order.
MA No. 6392 of 2024
2. This appeal has been filed for enhancement of compensation on the solitary ground that the Court below has held that appellant has failed to prove his permanent disability. However, it is fairly conceded by learned counsel for appellant that in none of the documents it is anywhere mentioned that appellant has suffered permanent disability.
3. Learned counsel for appel
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