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2018 Supreme(SC) 1838

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Dolma Devi – Appellant
Versus
Mohinder Kumar Goel – Respondent


Advocates Appeared:
Pradeep Kumar Gupta, Balraj Dewan, Advocates, For the Appellants; Akshay K.Ghai, Prashant Kumar, Rajeev Kumar Bansal, Ms. Amrreeta Swaarup, Ms. Aswathi M.K., Advocates, For the Respondents

JUDGMENT

N.V. Ramana, J. - Leave granted.

2. The present appeal arises out of the impugned judgement dated 09.12.2016 passed by the High Court of Himachal Pradesh in FAO No. 168 of 2012. By the said judgment, the High Court dismissed the appeal filed by the appellant seeking enhancement of the compensation already awarded by the Motor Accident Claims Tribunal, Bilaspur.

3. The appellants case in brief is that, on 02.04.2007 at around 11:30 A.M., while the deceased Nand lal, a traffic constable, was doing his official duty was hit by a truck which was being driven in a negligent manner. Although, he was rushed to the hospital immediately, but he then died at around 5:30 P.M on the same day. The deceased was the sole bread earner of the family. Aged 37 years, the deceased was drawing a salary of Rs. 13,064/- per month as per salary certificate produced on record, hence the annual income of the deceased was Rs. 1,56,768/-. The present appellant being the wife of the deceased preferred M.A.C. No. 70/2007 before the Motor Accident Claims Tribunal, Bilaspur seeking compensation to the tune of Rs. 40,00,000. Vide order dated 15.09.2011, the tribunal awarded compensation to the tune of Rs.

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