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2024 Supreme(Online)(MP) 10710

HIGH COURT OF MADHYA PRADESH
United India Insurance Company Ltd. – Appellant
Versus
Hameed Khan – Respondent


Advocates:
B.N.Malhotra,

ORDER

This order shall govern disposal of M.A.No. 1230/2008 and

1239/20081 as both these appeals arise out of common award dated 28/7/2008 passed by Additional Motor Accident Claims Tribunal, Lahar, District Bhind in Claim Case No. 40/2007.

2. M.A.No. 1230/2008 has been filed by Insurance Company; whereas, M.A.No. 1239/2008 has been filed by the claimants seeking enhancement in the compensation amount.

3. By the impugned award Claims Tribunal has awarded a compensation of Rs. 1 Lac alongwith interest at the rate of 6% per annum to the claimants/parents of the deceased Hanif alias Sharukh, who succumbed to the injuries sustained by him in road accident dated

14/7/2007.

4. Briefly stated facts of the case are that on 14/7/2007 when son of claimants namely Hanif alias Sharukh, aged 13 Years, was playing by the side of Doordarshan Kendra, it is alleged that due to rash and negligent driving of tractor driver Pintu alias Mazid, tractor turned turtle over the deceased and he was crashed and died on spot. Therefore, claimants parents of the deceased filed a claim petition before the Claims Tribunal seeking a compensation of Rs. 11,00,000/-; however, by the impugned award, learned Claims Tribuna

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