HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
AJMER SINGH – Appellant
Versus
SMT. GIRJA DEVI AND ORS. – Respondent
| Table of Content |
|---|
| 1. accident caused by a tractor striking the deceased. (Para 4 , 16) |
| 2. negligence cannot be presumed without evidence. (Para 6 , 12 , 14) |
| 3. court modifies compensation based on findings. (Para 35 , 36) |
ORDER
By this common order, MA. No.177/2005 filed by owner & MA.No.181/2005 filed by claimants shall be decided.
2. Both the Misc. Appeals have been filed against the Award dated 08.11.2004 passed by Additional Member Motor Accident Claims Tribunal, Seondha, District Datia (M.P.) in MACC No.11/2003.
3. M.A. No.177/2005 has been filed by the owner of the vehicle against exoneration of the Insurance Company whereas M.A. No.181/2005 has been filed by the claimants for enhancement of compensation amount.
4. According to the claimants, deceased Omprakash had gone to Seondha on 28.08.2002 on his motorcycle bearing Registration No.MP07-A-1028. While he was coming back to village Cheena, it is alleged that the driver of the tractor bearing Registration No.MP32-M-1965 by driving the vehicle in a rash and negligent manner dashed deceased Omprakash, as a result Omprakash sustained grievous injuries and he died. The information of incident was given by complainant and Crime No.93/2
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.