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2024 Supreme(Online)(MP) 50543

HIGH COURT OF MADHYA PRADESH
Director General Of Police (Dgp) – Appellant
Versus
Ramsewak Tembhre – Respondent


Advocates:
Advocate General,

ORDER

Heard on the question of admission. 2. This misc. appeal has been preferred by non-applicant 2 (owner of the offending vehicle -Dagga MP03-4451) challenging the final award dated 29.08.2017 passed by MACT, Balaghat in MACC No.100192/2014 whereby respondent 1/claimant's claim petition has been allowed and an amount of Rs.2,70,676/- along with interest at the rate of 8% per annum has been awarded holding the appellant and respondent 2 (non-applicants 2 & 1, owner and driver) liable to pay the compensation.

3. Learned counsel for the appellant/non-applicant 2 submits that the accident occurred due to contributory negligence of the respondent 1/claimant, who himself dashed the vehicle-Dagga in question while driving his motorcycle rashly and negligently. He submits that in these circumstances, the Insurance Company of the motorcycle was necessary party, which was not made to the petition deliberately. He further submits that MACT has awarded excessive compensation amount for which the respondent 1/claimant is not entitled. With the aforesaid submissions, he prays for admission of the misc. appeal. 4. Learned counsel appearing for the respondent 1/claimant supports

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