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2007 Supreme(HP) 93

KULDIP SINGH
NEW INDIA ASSURANCE COMPANY – Appellant
Versus
RATTU DEVI – Respondent


Advocates Appeared:
Mr. K.D. Sood. Advocate, for the Appellant; Mr. Bhagwan Chand, Advocate, for the Respondents No. 1 to 9; Mr. B.S. Chauhan, Advocate, for the Respondents No. 10 and 11

JUDGMENT

Kuldip Singh, J.—This appeal has been filed by New India Assurance Company (hereinafter referred to as respondent No.. 1) against the award dated 12th March, 2001 passed by the learned Motor Accident Claims Tribunal, Shimla in MACC No. 69-S/2 of 1998 allowing the claim petition.

2. The brief facts of the case are that Tulsi Ram died in an accident involving Truck No. HIS-3512 owned by Rajinder Chhajta and it was being driven by respondent No. 3 Parvinder Singh, Driver at the time of accident. The truck was insured with respondent No.

1. The claimants are the widows and minor children of Tulsi Ram. The parties in this judgment are referred in the same manner as referred in the impugned award.

3. The case of the claimants is that Tulsi Ram was aged 35 years and he was carpenter and horticulturist by occupation. His monthly income was Rs. 6,000. The claimants were dependant on Tulsi Ram who died in an accident of Truck No. HIS-3512 which took place on 21st November, 1996 at place Bora in Tehsil Chopal, District Shimla the accident occurred due to rash and negligent driving of truck by respondent No.

3. The claimants claimed Rs. 6 lacs by way of compensation on account of death of








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