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2013 Supreme(HP) 920

DEV DARSHAN SUD
HIMACHAL ROAD TRANSPORT CORPORATION – Appellant
Versus
SANGEETA – Respondent


Advocates Appeared:
For the Appellant : Ramesh Sharma and Mr. Jagdish Thakur.
For the Respondent: B.M. Chauhan.

JUDGMENT :

Dev Darshan Sud, J.

These two appeals arise out of the same accident which was subject-matter of M.A.C. Petition No. 10-S/2 of 2010 decided by the learned Tribunal on 28.9.2011 awarding a sum of Rs. 15,42,000 and interest at the rate of 9 per cent per annum if amount is not paid within 45 days of the award, from the date of award till its payment. The case pleaded by claimant Sangeeta, who suffered injuries in the accident on 16.11.2009 and has been totally crippled for the rest of her life in an accident involving bus No. HP 07-0747 of Himachal Road Transport Corporation ('H.R.T.C.' hereinafter), is that on 16.11.2009, the claimant was travelling from Shimla to her home. She boarded H.R.T.C. bus No. HP 07-0747 and there were 25/26 passengers travelling in the bus. It was pleaded that the bus was being driven in a rash and negligent manner as a result it went off the road causing serious injuries to the claimant. Her backbone was fractured. She was rushed to Indira Gandhi Medical College & Hospital, Shimla ('I.G.M.C.' for short), immediately where she remained admitted and was discharged on 18.12.2009. The lower portion of her body had developed paraplegia. Exh. PW 4/A was












































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