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Legal Yojana

Appeal under Section 173 of Motor Vehicles Act, 1988

Updated: Sep 19


Appeal under Section 173 of Motor Vehicles Act, 1988



In the Hon'ble High Court of judicature at ………………….

First Appeal From Order No of ……..….

(Under Section 173 of M. V. Act, 1988)


District- ……………….


A B. ..Petitioner


Versus


C.D. …Respondents


Appeal against the award dated …….20……. passed by the Motor Vehicles Accident Tribunal (IIIrd Additional District Judge),  ………. in Motor Vehicles Accident Case No. ……..of 20……:


Between


A. ...Claimants


And


B. … Respondents


The relief sought for by the present appeal is that the Hon'ble Court may be pleased to allow the appeal and modify the impugned award by enhancing the compensation awarded to the appellants to reasonable limits with costs through out.


Valuation of the petition Rs. …………….

Valuation of the Appeal Rs. ……………

The Court fees paid Rs. ………….


The present appeal is being filed inter alia on the following grounds :


GROUNDS


(i) Because the Court below has erred in law and on facts in awarding the lesser amount of the compensation.


(ii) Because the Court below failed to consider that in view of the definite evidence of is longer in the family of the deceased he would have easily lived upto the aged 90 years.


(iii) Because the Court below has failed to consider that with the passage of time the income of the appellant would have considerably increased.


(iv) Because the Court below has failed to consider that appellants Nos. 2 to 4 were also deprived of the company of the deceased and each of them was entitled to a compensation of Rs. ………../- on this Court.


(v) Because the Court below has failed to consider that in view of the evidence of longervity in the family of the appellant No. 1, she would easily live upto the age of …… years and shall be entitled to compensation for ………… years.


(vi) Because the Court below has erred in law in determining the reasonable compensation payable to the appellants.


Advocate for the appellant


*

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