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2019 Supreme(HP) 858

TARLOK SINGH CHAUHAN
Arpana Pathania – Appellant
Versus
Nabi Bax – Respondent


Advocates Appeared:
M.L. Sharma, Adv., Jagdish Thakur, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

The claimants are the petitioners, who aggrieved by the inadequacy of the award as passed by the learned Motor Accident Claims Tribunal-IV, Kangra at Dharamshala, have filed the instant appeal for enhancement of compensation.

2. The facts are not in dispute. The claimants filed a claim petition on account of death of Arun Pathania, who was aged about 31 years at the time of accident and was working as Fireman in Indian Army earning Rs.13,204/- per month. On 1.7.2010, at about 7.45 A.M., the deceased was going as pillion rider on motorcycle No. RJ-19M-3829 from Jaiselmer City to his office at 26 Ammunition Company and when they reached near the road leading to place known as Baba-Babri on Jodhpur-Jaiselmer Road, a truck No. RJ-19GA-4510 came at a high speed and struck against the motorcycle from wrong side, resulting in death of Arun Pathania on the spot.

3. Since there is no dispute about the accident and even the liability to pay the compensation, therefore, the defendce of the Insurance Company, who alone contested the petition need not be ad

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