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2021 Supreme(Online)(MP) 8581

MADHYA PRADESH HIGH COURT
Prakash Shrivastava, J.
Sapna and Others v. Mangilal and Another


1. By this appeal under S.173 of the Motor Vehicles Act , the appellants have challenged the award of II Addl. Motor Accidents Claims Tribunal, Barwani dated 2.5.2019 passed in Claim Case No. 370 of 2018 and have sought enhancement of the compensation amount.

2. The appellants - claimants had filed the claim petition before the Tribunal with the plea that on 7.10.2018 when Mahendra was going on his motor cycle, the accident was caused by motor cycle No. MP 46 - MD 6224 driven in a rash and negligent manner by the respondent No. 1 in which Mahendra had received grievous head injuries and had died during treatment at District Hospital, Barwani. Accordingly, the compensation of Rs. 27,00,000 was claimed.

3. The respondent No. 1 was proceeded ex parte before the Tribunal.

4. The respondent No. 2 insurance company by filing the reply before the Tribunal had denied liability and taken the plea of violation of policy conditions.

5. The Tribunal by permitting the parties to lead evidence and after examining the same has found that the accident was caused on account of rash and negligent driving of motor cycle No. MP 46 - MD 6224 by the respondent No. 1. The Tribunal further found that Mahendr






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