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2013 Supreme(HP) 921

SURINDER SINGH
KALA DEVI – Appellant
Versus
BHAGWAN DASS CHAUHAN – Respondent


Advocates Appeared:
For the Appellants :G.S. Rathore and Ashwani K. Sharma, Advocates.
For the Respondents:Raman Sethi, Advocate.

JUDGMENT :

Surinder Singh, J.

The Insurance Company as well as the claimants, both felt dis-satisfied by the impugned award, as such, laid challenge by filing above titled separate appeals.

2. In short, the facts giving rise to the present appeals can be stated thus. On 15.12.2003, Shri Roshan Chauhan (deceased), husband of appellant Kala Devi, was traveling in vehicle No. HP-09A-0897 (207 TATA vehicle), which was being driven by respondent No. 3 Keshav Ram. When it reached near Naral, Tehsil Theog, District Shimla, it got stuck on a snowy surfaced road. The deceased and few others alighted from the vehicle and started pushing the same, but suddenly, vehicle slipped, hit the deceased and went off the road causing death of Roshan Chauhan and serious injuries to two others who later also succumbed to their injuries. Accordingly, his wife Kala Devi, for herself and her minor children and Smt. Savitri Devi, mother of the deceased, filed claim petition seeking compensation to the tune of Rs. 12,96,000/- on the ground that the deceased (25) was matriculate and was driver by vocation in
























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