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HIGH COURT OF CHHATTISGARH - PRINCIPAL BENCH CHHATTISGARH
Gyanvati @ Gyanmati – Appellant
Versus
Kamlesh Kumar Yadav – Respondent


Order on Board

02/09/2021

1. Challenge in this appeal is to the award dated 31.10.2015 passed by learned Additional Motor Accident Claims Tribunal, Pendra Road, district Bilaspur C.G. (for short “Claims Tribunal”) in claim case no. 25/2014, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act of 1988”) in part, awarded Rs. 6,45,000/- as total compensation in fatal accident case with interest @ 6% per annum from the date of filing of claim application till its realization.

2. Facts relevant for disposal of this appeal are, that on 03.01.2014 Sher Singh was travelling on truck bearing registration number CG13 ZB 0171 (henceforth “offending truck”). On the way non-applicant 1 drove the offending truck rashly and negligently and caused accident with tree standing on road side. In the said accident, Sher Singh suffered grievous injuries on his person and succumbed to those injuries on spot.

3. Appellants-claimants who are widow and child of late Sher Singh filed an application under Section 166 of the Act of 1988 seeking compensation of Rs. 25 Lakh on the grounds that deceased on the date of accident

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