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MADHYA PRADESH HIGH COURT
Judge, J
MA No. 258/2016 – Appellant
Versus
MA No. 352/2016 – Respondent
| Table of Content |
|---|
| 1. both appeals pertain to a common accident and challenge the initial compensation ruling. (Para 1 , 2 , 3) |
| 2. facts of the case establishing the nature of the accident and the claims made. (Para 4 , 5 , 6) |
| 3. discussion on proof of negligence and application of res ipsa loquitur. (Para 10 , 14 , 19) |
| 4. final determination and modification of the compensation amount awarded. (Para 21 , 22 , 23) |
1. Both appeals are being decided together as they arise out of a common award arising out of the same accident.
2. MA No. 258/2016 has been filed by the appellant insurance company on the ground that the offending vehicle has been falsely implicated in the accident, hence prays for exonerating the insurance company from its liability whereas MA No. 352/2016 has been filed by the claimants on the ground of enhancement of compensation as well as for setting aside the finding regarding contributory negligence on the part of the deceased.
3. Both appeals have been filed under S.173 of the Motor Vehicles Act challenging the award dated 2.11.2015 passed by MACT, Ujjain in Claim Case No. 104/2012.
4. Brief facts of the case are that on 20.2.2012 deceased Yashwant was going on a motor cyc
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