HAKKU Vs. GARVAR SINGH

JUDGEMENT

(1.) This miscellaneous appeal has been preferred by the appellants under Sec. 173(1) of the Motor Vehicles Act against the award dtd. 2/7/2022 passed in Claim Case No.57/2020 by MACT, Jhabua whereby application filed under Sec. 166 of the Motor Vehicles Act for compensation has been allowed and an award of Rs.10,78,000.00 has passed in favour of the appellants and directed the driver and owner of the offending vehicle to pay the compensation while exonerating the respondent No.3/Insurance Company.

(2.) Brief facts of the case is that on 13/1/2020 deceased Ansingh was going to his village Bhoyra on his motorcycle no. MP-45-MJ-8997 after purchasing vegetables from Jhabua. When he reached near culvert situated between village Naldi and Bhoyra he was dashed by vehicle no.MP 41 P 0467 coming from the direction of Pitol and was driven by non applicant no.1 rashly and negligently. Ansingh sustained grievous injuries and he was taken to district hospital Jhabua from where he was carried to Dahod after primary treatment. In Dahod he was first taken to Saifi hospital but for better treatment he was taken to Avdhut hospital Baroda. During treatment he succumbed to injuries and expired on 14/1/2020.

(3.) Claimants filed this claim petition for compensation against the respondents for a sum of Rs.55.00 lakhs 86 thousand with interest.