SMT. DURGABAI AND OTHERS Vs. VIJAY AND OTHERS
LAWS(MPH)-2018-8-252
HIGH COURT OF MADHYA PRADESH
Decided on August 20,2018

Smt. Durgabai And Others Appellant
VERSUS
Vijay And Others Respondents

JUDGEMENT

ROHIT ARYA,J. - (1.)The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 27.10.2016 passed in claim case No. 208/2016 by 2nd Motor Accidents Claims Tribunal, Mandsaur district Mandsaur.
(2.)Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 21.10.2014 deceased Anil while going from his field to village Daloda Rail on correct side of the road by his bicycle, the offending car bearing registration No. MP09-CG-2375 rashly and negligently driven by the respondent No. 1 dashed as a result, the deceased (Anil) had suffered grievous injuries on various parts of the body. During the course of treatment, he died.
(3.)Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was earning at least Rs. 5,000/- per month being an agriculturist and private employee in Mehta Agro Services. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.


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