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2019 Supreme(HP) 1041

JYOTSNA REWAL DUA
National Insurance Company Limited – Appellant
Versus
Kamal Kishore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate
For the Respondent:Mr. G.S. Palsra, Ms. Anjali Soni Verma, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

The points for adjudication raised by the insurer in the present appeal directed against the award dated 28.6.2018 passed by learned Motor Accident Claims Tribunal-(ll), Mandi, in claim petition No. 44 of 2013 are:-

    1. Liability of insurer towards third party risks in respect of vehicle, not registered in accordance with Chapter-IV of Motor Vehicles Act and whose temporary registration had also expired.

2. Determination of income of deceased in absence of any documentary evidence or any other cogent and reliable evidence on record.

3. Ancillary questions in respect of application of multiplier and interest to be awarded.

2. Point No.1

The relevant facts for determination of this point are undisputed. These are:-

    2(i). S/Shri Ram Krishan, Kishori Lai and Ramesh Kumar, were travelling on 5.2.2013 in Tata Nano car, owned by respondent No.6 and driven by respondent No.7, when it rolled down the road due to rash and negligent driving of respondent No.7. As a result of this accident, Shri Ram Krishan, died on the spot and the other two passengers also suff

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