Dismissed

Smt. Neela Sahu v. Mahesh Kumar Potai

Chhattisgarh HC14 Jun 2024MAC/1132/2017

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award dismissing a claim of Rs. 8 lakhs under Section 163-A of MV Act regarding a fatal accident, the High Court held the tribunal's findings were just and based on proper evidence thus dismissing the appeal.

What did the court decide?

The appeal filed against the award dated 28.04.2017 dismissing the claim application is dismissed.

Smt. Neela Sahu Vs Mahesh Kumar Potai — Motor Accident Claims | Chhattisgarh HC (2024)

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NAFR

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H IGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1132 of 2017

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1 - Smt. Neela Sahu W/o Late Manish Kumar Sahu, Aged About 23 Years, R/o Sanjay Nagar, Kanker, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh.,

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2 - Ramratan Sahu S/o Johan Ram Sahu, Aged About 55 Years R/o Sanjay Nagar, Kanker, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh.,

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3 - Smt. Heero Bai Sahu W/o Ramratan Sahu, Aged About 53 Years R/o Sanjay Nagar, Kanker, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh.,

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---- Appellants

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Versus

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1 - Mahesh Kumar Potai S/o Bhagwan Singh Potai Dead, Aged About 55 Years Through Lrs Bhagwan Singh Potai S/o Manher Potai, R/o Village Kustikur, Tahsil Naker, District North Bastar Kanker, Chhattisgarh.,

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2 - Avan Dehari Owner Dead Through Lrs

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(a) - Smt. Rain Bai Dehari W/o Late Avan Dehari Aged About 55 Years,

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(b) Pramod Dehari S/o Avan Dehari Aged About 37 Years

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(c) Triveni Dehari D/o Avan Dehari, Aged About 30 Years No.2 (a) to 2(c) are R/o Village Bardevri, Tikrapara, Tahsil Kanker, District North Bastar Kanker, Chhattisgarh.

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---- Respondents

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For the Appellants : Mr. D. N. Prajapati, Adv. For respondent No.2 (a) to 2(c) : Mr. Rakesh Manikpuri, Adv. appears on behalf of Mr. Sandeep Shrivastava, Adv.

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________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput, Order on Board

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15.06.2024

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1. Challenge in this appeal is to an award dated 28.04.2017 passed by Motor Accident Claims Tribunal, Uttar Bastar, Kanker (CG) in Claim Case No.24/2015. By the impugned award, against a claim of Rs. 8,00,000/- the learned tribunal has dismissed the claim application filed under Section 163(A) of MV Act on account of death of deceased Manish Kumar Sahu in an accident that occurred on 18.08.2013 by rash and negligent driving of offending vehicle i.e.

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Motorcycle bearing registration No. C.G.19 ZE/2189 by his driver/respondent No.1, owned by respondent No.2/owner represented through LRS.

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1. The claim application was resisted by respondents on various grounds.

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1. As per pleadings of the claim application, the deceased was aged about 26 years and he was posted in Forest Department, Kanker on the post of driver and earing an income of Rs.40,000/- per month. The appellants/claimants being widow and parents of the deceased had filed the claim application.

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1. The learned tribunal on the basis of pleadings of the parties framed 6 issues and decided the same and dismissed the claim application.

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1. Learned counsel for appellants/claimants submits that the learned tribunal has wrongly dismissed the claim application filed by claimants under Section 163 (A) of MV Act.

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1. Learned counsel for respondents supported the award and submits that the findings recorded by learned tribunal is absolutely justified and does not require any interference by this Court.

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1. Heard learned counsel for the parties, considered his rival submissions and perused the record.

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1. Considering the entire evidence available on record, the findings recorded by tribunal appears to be just, based on proper appreciation of evidence and does not require any interference by this Court, therefore, the appeal fails and is dismissed.

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Sd/-

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(Sachin Singh Rajput) Judge

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Parul

Smt. Neela Sahu v. Mahesh Kumar Potai

Case brief

What is this about?

What did the court decide?

Smt. Neela Sahu v. Mahesh Kumar Potai

Case brief

What is this about?

What did the court decide?

What the court decided

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