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1987 Supreme(HP) 57

P.D.DESAI
MILAP KAUR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the appellant(s) :Miss Kamlesh Sharma, Advocate. For the respondents(s):Shri M. L. Chauhan, Law Officer, for the respondent No. 1. Nemo for respondent No. 2. though served.

JUDGMENT

P. D. Desai, C. J.—The accident giving rise to this appeal occurred on October 21, 1973, at about 4.30 P. M. in village Bhumain, Tehsil Nalagarh District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.

2. The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.

3. In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The Tribunal assessed the loss of monthly dependency at Rs. 225 and of the annual dependency at Rs. 2,700 and applied the multiplier of 18 and computed the total compensation for the loss of dependency benefit at Rs. 48,600. Instead of award





































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