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2021 Supreme(HP) 519

AJAY MOHAN GOEL
New India Assurance Company Limited – Appellant
Versus
Sarla Devi & Ors. – Respondent


Advocates appeared:
Praneet Gupta, Advocate, Ashok Verma, Advocate, Romesh Verma, Advocate

JUDGMENT

Ajay Mohan Goel, J. - CMP No. 5991 of 2021

No order is required to be passed on this application, as with the consent of learned counsel for the parties, the main appeal itself has been taken up for final consideration.

FAO No. 115 of 2019

2. Brief facts necessary for the adjudication of the present appeal are as under:

A petition was filed by respondents No. 1 to 3 herein (hereinafter referred to as 'the petitioners') under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation to the tune of Rs.7,00,000/- on account of death of Shri Ramesh Chand Mehra, son of Shri Nathu Ram before the Court of learned Motor Accident Claims Tribunal-IV, Kangra at Dharamshala, District Kangra, H.P. The case of the petitioners was that they were the legal heirs of deceased Ramesh Chand, who died in a motor vehicle accident on 25.11.2009. As per the petitioners, age of the deceased at the time of accident was 55 years and he used to work as a Munshi (Clerk) with M/s Mahinder Pal & Hari Ram Potato Merchant and was also an agriculturist. His income as Munshi (Clerk) was Rs.5,000/- per month and besides this, he also used to earn Rs.5,000/- per month from agricultural activities. As

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