IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH ON THE 24TH OF APRIL, 2025 MISC. APPEAL No. 4177 of 2023 SMT. SHYAMA AND OTHERS Versus RAJU AND OTHERS Appearance:

Shri Vishal Sharma, Advocate for the appellants.

Shri Sudhir V. Dandwate, Advocate for the respondent No.3.

JUDGEMENT This miscellaneous appeal by appellants/claimants under Section 173(1) of the Motor Vehicles Act. 1988 is arising out of the Award dated 03.05.2023 passed by Member, Motor Accident Claims Tribunal, District Mandsaur (hereinafter referred to as “the Claims Tribunal”) in M.A.C.C. No.154/2022 praying for setting aside the finding of the Tribunal regarding contributory negligence on the part of the deceased.

2. Brief facts of the care are that on 30.03.2022, deceased Narendra Khetra was returning back to his home on his scooter, after attending a ceremony, at the same time, the offending motorcycle bearing registration No.MP14-ND-7790, which was being driven by respondent No.1 rashly and negligently suddenly dashed the scooter of the deceased Narendra Khetra, due to which he suffered grievous injuries, fracture and vomitting and felt unconscious. He was immediately take