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2025 Supreme(Online)(MP) 3527

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA, J
The Oriental Insurance Company Ltd. – Appellant
Versus
Smt Aaram Bai – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ram Vilas Sharma
For the Respondents: Mr. Tara Chandra Narvari

JUDGMENT

This miscellaneous appeal under Section 173 of Motor Vehicles Act has been filed against the award dated 28.06.2022 passed by Motor Accident Claims Tribunal, Chanderi, District Ashoknagar in Claim Case No.05/2020.

2. Present appeal has been filed challenging the very factum of accident. According to the claimants, on 24.09.2019 at about 2:00-2:30 pm, driver of the offending bus bearing registration No. MP08-P-1091, by driving the bus in a rash and negligent manner, dashed the motorcycle of Kamal Singh as a result, Kamal Singh, Aaram Bai, and Sheelchand sustained grievous injuries. Kamal Singh lost his life during his treatment in Ashoknagar Hospital. Present appeal arises out of claim petition filed by the claimants on account of death of Kamal Singh.

3. A solitary ground was raised by counsel for the appellant that the F.I.R. was lodged after a period of one month and ten days.

4. Heard learned counsel for the parties.

5. Accident took place on 24.09.2019 whereas F.I.R. (Exh. P/2) was lodged on 06.11.2019. Kamal Singh died on 24.09.2019 at about 11:05 pm. Accordingly, merg intimation was sent by the concerning doctor posted in Ashoknagar Hospital which was received in Police

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