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2015 Supreme(HP) 1109

SANJAY KAROL
Shriram General Insurance Company – Appellant
Versus
Amarjeet Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Jagdish Thakur, Advocate, in FAO No.84 of 2015
Mr. Suneet Goel, Advocate, in FAO No.85 of 2015
For the Respondents:Mr. Suneet Goel, Advocate, for respondents No.2 to 4; Mr. Vinod Thakur, Advocate, for respondent No.5; and Mr. Vijay Chaudhary, Advocate, for respondent No.6, in FAO No.84 of 2015
Mr. Vinod Thakur, Advocate, for respondent No.1; Mr. Vijay Chaudhary, Advocate, for respondent No.2; and Mr. Jagdish Thakur, Advocate, for respondent No.3, in FAO No.85 of 2015

JUDGMENT :

Sanjay Karol, J.

These appeals arise out of the same award, hence, are being disposed of together.

2. Petition, filed under the provisions of Section 166 of the Motor Vehicles Act, 1988, stands allowed by Motor Accident Claims Tribunal-II, Hamirpur, Himachal Pradesh (hereinafter referred to as the Tribunal), and in Claim Petition No.1-NL/2 of 2011, titled as Amarjeet Singh and others v. Pappu and others, claimants have been held entitled to compensation as under:

“Rs.9,37,000/- alongwith interest @9% per annum from the date of filing the petition till deposit of the awarded amount. Out of the total awarded amount petitioners No.3 and 4 shall be entitled to collect amount of Rs.50,000/- each while petitioner No.1 who is father of the deceased shall be entitled to collect an amount of Rs.1.0 lac. The remaining awarded amount shall be collected by the petitioner No.2 who is mother of the deceased.”

3. The Tribunal, while adjudicating the petition, framed the following issues:

“Issue No.1: Whether Lucky Arora died in a motor vehicle accident which took place on 25.10.2010 at about 5:45 p.m. Near Annapurna Hotel (Bhud Barrier) due to rash and negligent driving of respondent NO.1? O




































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