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2021 Supreme(HP) 599

JYOTSNA REWAL DUA
Oriental Insurance Company Ltd. Divisional office – Appellant
Versus
Gorkhi Devi, Wife of Shri Prithu – Respondent


Advocates:
Advocate Appeared
For the Appellant :SH. G.C. Gupta, Senior Advocate With SMT. Meera Devi, Advocate
For the Respondent:Parveen Chauhan, Advocate, SH. Ashir Kaith, Advocate, VICE SH. Hamender Chandel, Advocate.

ORDER :

1. In an injury case, learned Motor Accident Claims Tribunal, Chamba, awarded a compensation amount of Rs.7,64,500/- to the claimant-respondent No.1 alongwith interest @ Rs.7.5% from the date of filing of petition till its realization. This award has been assailed by the insurance company on the ground of being perverse, contrary to the evidence on record and not in consonance with law.

2. Facts

2(i) Respondent No.1 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the grant of compensation of Rs.16,00,000/- from the respondents. Claimant-respondent No.1 submitted in the claim petition that she was travelling in a bus bearing registration No.HP-48-3321 on 14.08.2009 and was going from Salooni to Chamba. The bus was being driven in rash and negligent manner by its driver-respondent No.3. Because of his negligent driving, an accident occurred, wherein she sustained grievous injurious in her left leg. She was taken to the Regional Hospital Chamba for treatment from where she was referred to Dr. RPGMC Tanda. She remained admitted in the medical college & hospital Tanda from 15.08.2009 to 29.09.2009 and thereafter again from 12.02.2010 to 16.02.2010. She

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