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NAFR

HIGH COURT OF CHHATTISGARH BILASPUR

MAC No. 397 of 2015

M/s. Dayal Road Lines, N/R. Bagga Machinery (Bagga

Hotel), Bhanpuri, Raipur (C.G.) Through The Proprietor

Manjit Kour, Aged About 58 Years, W/o Shri Surendra

Panjabi, R/o House No.745, Guru Govind Nagar, Infront of

Chhattisgarh Beverage Office, Raipur, District Raipur (C.G.)

---- Appellant

Versus

1.

Smt. Laxmin Bai Bhardwaj, W/o Shri Ganesh Ram

Bhardwaj, Aged About 30 Years,

2.

Heera Lal Bhardwaj, S/o Shri Ganesh Ram Bhardwaj, Aged

About 35 Years,

Both R/o Village Gatouri, Near Mandi, P.S. Koni, Tahsil and

District Bilaspur (C.G.).

3.

Murli @ Murlidhar Soni, S/o Late Shri Kanchar Lal Soni,

Aged About 40 Years, R/o Power House, Torwa, P.S. Torwa,

Tahsil and District Bilaspur (C.G.).

4.

Shiv Kumar Prajapati, S/o Late Shri Dhaniram Prajapati,

Aged About 56 Years, R/o Bannakdih, P.S. Chakarbhata,

District Bilaspur (C.G.).

---- Respondents

MAC No. 1585 of 2015

1.

Smt. Laxmin Bai Bhardwaj, W/o Heeralal Bhardwaj, Aged

About 30 Years,

2.

Heeralal Bharadwaj, S/o Ganeshram Bhardwaj, Aged About

35 Years,

All R/o Near Dhan Mandi of Village Gatouri, P.S. Koni, Tahsil

and District Bilaspur (C.G.).

---- Appellants

Versus

1.

Murli @ Murlidhar Soni, S/o Shri Kanchar Lal Soni, Aged

About 40 Years, R/o Power House, Torba, P.S. Torba, Tahsil

and District Bilaspur (C.G.).

2.

Shiv Kumar Prajapati, S/o Late Dhaniram Prajapati, Aged

About 56 Years, R/o Village Bannakadih, P.S.

Chakarbhatha, District Bilaspur (C.G.).

3.

M/s Dayal Road Lines, N/R. Bagga Machinery (Bagga

Hotel), Bhanpuri, Raipur (C.G.) Through, The Proprietor

Manjit Kour, W/o Shri Surendra Panjabi, Aged About 58

Years, R/o House No.745, Guru Govind Nagar, Infront of

Chhattisgarh Beverage Office, Raipur, District Raipur (C.G.)

---- Respondents

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MAC No.397 of 2015

For Appellant

: Shri Raghvendra Pradhan and Shri

Shikhar Sharma, Advocates

For Respondents No.1 & 2

: Shri Rajesh Jain, Advocate

For Respondents No.3 & 4

: None

MAC No.1585 of 2015

For Appellants

: Shri Rajesh Jain, Advocate

For Respondents No.1 & 2

: None

For Respondent No.3

: Shri Raghvendra Pradhan and Shri

Shikhar Sharma, Advocates

Hon'ble Shri P. R. Ramachandra Menon

, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

Judgment on Board

Per Parth Prateem Sahu

, Judge

29.01.2021

1.

As both the appeals are arising out of award dated 23.01.2015

passed by Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh

(hereinafter referred to as 'Claims Tribunal') in Claim Case No.29

of 2012, hence, they are being disposed of by this common

judgment.

2.

MAC No.397 of 2015 is filed by earlier registered owner of

offending vehicle challenging the liability fastened upon her to

satisfy the amount of compensation, whereas MAC No.1585 of

2015 is filed by the claimants seeking enhancement of amount of

compensation awarded by learned Claims Tribunal.

3.

Facts relevant for disposal of these appeals, are that, on

08.05.2011, Sanjay Bhardwaj was going along with his mother to

pond. While so, when they reached near Middle School, Dhan

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Mandi, one Truck bearing No.CG-04/ZC/2484 (hereinafter referred

to as 'offending vehicle') driven by non-applicant No.1, dashed

Sanjay Bhardwaj and caused accident. In the aforementioned

accident, Sanjay Bhardwaj suffered grievous injuries, he was

taken to CIMS Hospital, Bilaspur where during the course of

treatment, he died.

4.

Claimants who are parents of deceased Sanjay Bhardwaj, aged

about 7 years filed an application under Section 166 of the M.V.

Act before learned Claims Tribunal seeking compensation of

Rs.6,55,000/- pleading therein that on the date of accident, Sanjay

Bhardwaj was a brilliant student and having bright future.

5.

Non-applicants No.1 and 2, after service of notice appeared

through Advocate and thereafter, became ex parte.

6.

Non-applica