SMT. MONA AND OTHERS Vs. YOGENDRA AND OTHERS
LAWS(MPH)-2018-2-546
HIGH COURT OF MADHYA PRADESH
Decided on February 15,2018

Smt. Mona And Others Appellant
VERSUS
Yogendra And Others Respondents


Referred Judgements :-

NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

ROHIT ARYA,J. - (1.)The Miscellaneous Appeal No.211/2014 by the claimants for enhancement of compensation and Miscellaneous Appeal No.2316/2013 by the Insurance Company under section 173 of the Motor Vehicles Act, 1988 have been filed challenging the impugned award dated 23.10.2013 passed in Claim Case No.25/2013 passed by VIII Motor Accidents Claims Tribunal, Indore. Regard being had to the similitude of the controversy involved in the aforesaid two appeals, they have been heard analogously and disposed of by this singular order. For the sake of convenience, the facts in M.A.No.211 of 2014 have been dealt with.
(2.)Facts relevant and necessary for disposal of these appeals lie in narrow compass: On 01.07.2010 Narayansingh (deceased) was going on his motorcycle for selling milk and vegetables from village Mundal to Indore. When he reached near Devguradia bypass, a truck from the opposite side driven by rashly and negligently dashed the motorcycle as a result, wheel of the truck was passed out on his head, due to which he died on the spot.
(3.)Learned counsel for the claimants submits that the deceased was aged about 26 years at the time of incident and he was an agricultural and a milk vendor.


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