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2012 Supreme(SC) 276

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Amrit Bhanu Shali – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellants:Dr. Rajesh Pandey, Ms. Mridula Ray Bharadwaj, Advocates.
For the Respondents:S.L. Gupta, M.S. Mangla, Ram Ashray, Ms. Shalu Sharma, Advocates.

Judgment :

1. Delay condoned

2. Leave granted.

3. Feeling dissatisfied with the reduction of compensation determined by Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for short, ‘the Tribunal’) in Motor Accident Claim No.80/2008 and being aggrieved for not enhancing the amount as was claimed, the appellants preferred this appeal.

4. The deceased-Ritesh Bhanu Shali, son of the Ist and 2nd appellants, was going to Thanod on 20th July, 2008 by Swift Car bearing Registration No.CG-04-HA/6905 from Naharpara, Raipur, Chhattisgarh. While he was coming back at about 4.30 p.m. near Thanod, one Scorpio Car bearing Registration No.CG-04-HA/5372 coming rashly and negligently from Abhanpur dashed the Maruti Swift Car. Due to that accident, Ritesh Bhanu Shali and one Sardar Jaspreet died on the spot and another Shivam received injuries. The Ist appellant-Amrit Bhanu Shali is the father, the 2nd appellant-Smt. Sarlaben is the mother and 3rd appellant-Mamta Bhanu Shali is the sister of the deceased. Claiming to be the dependent on the deceased they filed Motor Accident Claim Case No.80/2008 before the Tribunal u/S 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compen






























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