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2023 Supreme(Online)(MP) 1781

HIGH COURT OF MADHYA PRADESH
Baby Anchal Chauhan – Appellant
Versus
Prabhashankar Mishra Thr.Lr. Smt.Anju – Respondent


Advocates:
Rahul A.Sethi,G.Barjatya,K.Jain,Anand Singh,,Hc.Jindal,Monesh Jindal,R.Salvi

ORDER

The appellant/claimant has filed this appeal being aggrieved by award dated 04/01/2007 passed by the Second Additional Motor Accident Claims Tribunal in Claim Case No.28/2006 whereby the claim petition filed under Section 166 of the Motor Vehicle Act has been dismissed.

The facts of the case in short are as under:-

1. On 19/02/2004, when Shweta Solanki was walking near Hariom Kirana, Suman Colony along with the appellant baby Anchal Chouhan D/o Devendra Chouhan, one scooter bearing registration No.MP-09-J-9842 owned by Bhagwandas Lalchandani, and driven by Prabhakar Mishra dashed her because of which she suffered a fracture on her right thigh and other injuries. After the treatment, she suffered permanent disablement. The scooter was insured with the Oriental Insurance Company. She filed a claim case under guardianship before the MACT claiming compensation of Rs.5,00,000/- with interest.

2. The respondents denied the compensation on the ground that no such motor accident took place on 19/02/2004. Initially, a report was lodged disclosing that she fell in front of the shop and suffered a fracture. Later on, the name of the vehicle was d

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