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HDFC Bank Ltd. Vs. Kumari Reshma [01/12/14]

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[Civil Appeal Nos.10608-10609 of 2014 arising out of S.L.P. (Civil) Nos. 19079-19080 of 2014]. In these appeals, by special leave, the assail is to the judgment and order dated 22.10.2013 passed by the learned Single Judge of the High Court of judicature of Madhya Pradesh Bench at Indore in Misc. Appeal No. 2261 of 2005 preferred by the Centurion Bank Limited, the predecessor-in-interest of the appellant herein, and Misc. Appeal No. 3243 of 2005 preferred by the claimants, the 1st respondent herein, whereby the High Court has dismissed the appeal preferred by the appellant herein and allowed the appeal of the claimants by enhancing the awarded sum to Rs. 3 lacs opining that the said amount would be just and equitable compensation for the injuries sustained by her. The High Court also dismissed the review petition no. 619/2013 vide order dated 13.05.2014 preferred by the appellant herein. Be it stated, the Additional Member, Motor Accident Claims Tribunal, Indore had awarded Rs. 1,75,000/- in Claim Case No.181/2003. Filtering the unnecessary details, the facts which are requisite to be stated are that on 20.12.2002 about 12.30 p.m. the claimant was going on a scooter bearing registration No. MP09Q92 from Shastri Bridge to Yashwant Square and at that time the Motor Cycle belonging to 2nd respondent and driven by the respondent No.3 herein, in a rash and negligent manner dashed against the scooter as a consequence of which she sustained a fracture in the right hand superacondylar fracture and humerus bone fracture and certain other injuries.

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