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2008 Supreme(HP) 141

DEEPAK GUPTA
Shanti Devi – Appellant
Versus
National Insurance Company – Respondent


JUDGMENT

Deepak Gupta, J.

1. Both the aforesaid appeals are being disposed of by a common judgment as they arise out of the same accident and award. The admitted facts of the case are that deceased Anup Kumar, aged about 23 years died in a motor vehicle accident of truck No. HP-14-4275. The claimants, who are the parents of the deceased, filed a claim petition under Section 163-A of the Motor Vehicles Act (for short the Act). In this petition it was stated that the deceased, was working as a driver with M/s Friendly Coach Bus Service, Subathu, at a salary of Rs. 4500/- per month, i.e. Rs. 54,000/- per annum. According to the averments made in the petition, the petitioner left his home at village Borti at about 6.45 a.m. to go to Kasauli to get his name registered in the Employment Exchange. He boarded the Diggal-Solan bus and got down at Darwa. There he met Mohan Lal, driver of truck No. HP-14-4275. Both, Anup Kumar and Mohan Lal, were friends. Thereafter Anup Kumar travelled in the truck of Mohan Lal. The truck went off the road near Ganguri and the deceased sustained injuries. He was taken to Civil Hospital, Dharampur. Thereafter he was referred to P.G.I., Chandigarh, but he expire












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