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2014 Supreme(SC) 194

P. SATHASIVAM, RANJAN GOGOI, N. V. RAMANA
MEERA DEVI – Appellant
Versus
H. R. T. C. – Respondent


JUDGMENT : -

N.V.RAMANA,J.

1. The appellants by way of this appeal has impugned the judgment dated 27.03.2006 passed by the High Court of Himachal Pradesh at Shimla in FAO No. 441 of 2003 whereby the amount of compensation awarded by the Motor Accident Claims Tribunal, Mandi (for short, ‘the Tribunal’) in Claim Petition No. 58 of 2001 was reduced from Rs.3,17,200/- to Rs.1,58,600/- on the ground of contributory negligence.

2. On 31.05.2001, the deceased Upamnyu, who was the only son of the appellants herein, was driving scooter having registration No. HP- 28-215 from Mandi side towards Sarkaghat. When he reached at a place known as Nabahi, an accident took place between the said scooter and bus having registration No. HP-28-715, which was being driven by respondent No. 3 herein, namely, Gian Chand, driver in H.R.T.C., Region Sakarghat, Mandi, H.P. Since the deceased got injured in that accident, he was taken to C.HC. Sakarghat and thereafter when he was being taken to PGI Chandigarh, he died on his way.

3. The appellants claimed that the said accident had occurred due to rash and negligent driving of respondent No. 3 herein, who was driving the bus in high speed. It was averred by t








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