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2021 Supreme(HP) 275

JYOTSNA REWAL DUA
National Insurance Company Ltd. – Appellant
Versus
Sh. Mukhtiar Khan, S/o. Sh. Habibulla Khan – Respondent


Advocates Appeared:
For the Appellant :Sh. Ashwani Sharma, Senior Advocate with Mr. Ishan Sharma, Advocate.
For the Respondent:Shri Vinod Chauhan, Advocate, Shri Hamender Chandel, Advocate.

JUDGMENT :

A sum of Rupees 3,39,000/- has been awarded in favour of the claimants as compensation on account of death of their son in a motor accident. The liability to pay the compensation amount has been fastened upon the Insurance Company. Aggrieved, the Insurance Company has preferred the instant appeal.

2(i) Mathin Khan was son of respondents No. 1 and 2. On 29.9.2014 he was travelling in vehicle No. HP-17B-6788 from Paonta Sahib to Majra, District Sirmour. The vehicle was being driven by respondent No. 4. It met with an accident causing Mathin Khan’s death. His parents filed claim petition under Section 166 of the Motor Vehicles Act for grant of compensation of Rupees 8,00,000/-. The claimants stated that their son was aged about 21 years at the time of accident. He was the sole bread earner of the family, bringing home Rupees 12,000/- per month from his labour/catering work etc. He was in the employment of respondent No. 3-the owner of the ill fated vehicle.

2(ii) The owner of the vehicle/respondent No. 3 submitted in his reply that the deceased was employed by him for loading and unloading of water campers, tent material and catering articles from the vehicle in question. Dec

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