GEETA BAI SAHU Vs. ARUN SIRPURKAR
HIGH COURT OF CHHATTISGARH
Geeta Bai Sahu
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RAJEEV GUPTA,C.J. -
(1.)THE claimants are seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur vide order dated
07.02.1997 passed in Claim Case No. 12 of 96.
(2.)THE claimants, unfortunate widow, minor children and parents of deceased -Tularam claimed compensation of Rs.9,60,000/- by filing a claim petition
under Section 166 of the Motor Vehicle Act for his death in the motor accident,
when, on 26.11.1995 his motor cycle was dashed by the offending vehicle - fiat
car bearing registration No. MOL 444 resulting in multiple serious injuries to
Tularam, who succumbed to those injuries during the course of his treatment in the
hospital on 13.12.1995. The claimants pleaded that Tularam used to earn Rs.
,000/- per month as Motor Mechanic. 3. The owner-cum-driver and insurer of the offending vehicle - fiat car contested the claim and denied their liability to pay compensation to the claimants.
The owner pleaded that the deceased himself was responsible for the accident
whereas the insurer took the plea that the driver of the car was not holding a valid
driving license and the car was being used in breach of the policy conditions.
(3.)THE claimants examined AW/1 - Geeta Bai, AW/2 - Ganesh Ram, and AW/3 - Dr Arun Madharia in support of their claim, whereas the owner-cum-driver and insurer of offending vehicle- fiat car did not examine any witness in
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