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2019 Supreme(HP) 856

TARLOK SINGH CHAUHAN
Reliance General Insurance Company Limited – Appellant
Versus
Ram Pyari – Respondent


Advocates Appeared:
Jagdish Thakur, Adv., B.M. Chauhan, Adv., Manmohan Katoch, Adv., Raman Sethi, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved mainly by the quantum of compensation, the appellant-Insurance Company has filed the instant appeal.

2. Brief facts of the present case are that Kala while working as Cleaner in Truck No. HP-63B-8585, owned by Yusuf, respondent No.6, sustained fatal injuries and died on the spot in motor vehicle accident on account of rash and negligent driving of Habib Khan, respondent No.7 as a result whereof, the vehicle rolled down in a deep gorge. At the time of accident, he was about 28 years and as per the claim petition, he was getting salary of Rs.7000/- per month apart from Rs.150/- as daily allowance. A sum of Rs.30,00,000/- was claimed towards compensation along with interest @ 12% per annum.

3. Respondents No. 6 and 7, who were owner and driver of the vehicle, filed joint reply, wherein preliminary objections regarding maintainability, the claimants having not approached the learned tribunal with clean hands, concealment of material facts were raised. On merits, factum of the deceased travelling in the vehicle as cleaner at the time of ac

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