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2015 Supreme(HP) 1733

MANSOOR AHMAD MIR
Sanjokta Devi – Appellant
Versus
Himachal Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr.V.S. Chauhan, Advocate, Mr. N.K. Thakur, Senior Advocate, with Mr.Rohit Bharoll, Advocate.
For the Respondents:Mr. N.K. Thakur, Senior Advocate, with Mr.Rohit Bharoll, Advocate, Mr.L.N. Sharma, Advocate, Mr.V.S. Chauhan, Advocate, Mr.L.N. Sharma, Advocate.

JUDGMENT :

Mansoor Ahmad Mir, C.J.

Both these appeals are the outcome of award, dated 28th February, 2008, passed by the Motor Accident Claims Tribunal, Solan, (for short, the Tribunal), in Claim Petition No.1-S/2 of 2007, titled Sanjokta Devi and others vs. Himachal Road Transport Corporation and another, whereby compensation to the tune of Rs.4,04,000/-, with interest at the rate of 9%, from the date of filing of the Claim Petition till realization, was awarded in favour of the claimants, and the owner-HRTC was saddled with the liability, (for short, the impugned award).

2. The claimants have questioned the impugned award by the medium of FAO No.317 of 2008 on the ground of adequacy of compensation, while the owner-HRTC has questioned the same by filing FAO No.354 of 2008 on the ground that the impugned award is excessive.

3. Therefore, the question needs to be answered in these appeals is – Whether the amount awarded by the Tribunal is just and appropriate?

4. After going through the impugned award and the record, I am of the view that the impugned award is inadequate for the following reasons.

5. The Tribunal, after taking into consideration the future earning prospects of the deceas

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