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2014 Supreme(HP) 1831

MANSOOR AHMAD MIR
Neelam Kaushal – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. B.C. Verma, Advocate.
For the Respondents:Mr. Vishal Panwar, Ms. Devyani Sharma, Advocate

JUDGMENT :

Mansoor Ahmad Mir, J.

Challenge in this appeal is to the award dated 23rd December, 2006, made by the Motor Accidents Claims Tribunal (1), Solan, H.P., (hereinafter referred to as ?the Tribunal?) in M.A.C. Petition No. 119-S/2 of 2005, titled as Smt. Neelam Kaushal & others versus Shri Ashok Kumar and others, whereby compensation to the tune of Rs. 12,20,000/- with interest @ 9% per annum from the date of the award till its realization, came to be awarded in favour of the claimants appellants herein, for short, the ?impugned award?.

Brief Facts:

2. The claimants, being victims of a motor vehicular accident, invoked jurisdiction of the Tribunal, in terms of the mandate of Section 166 of the Motor Vehicles Act, 1988, for short ?the Act?, for grant of compensation to the tune of Rs.25,00,000/-, as per the breakups given in the claim petition, on the ground that driver, namely, Ashok Kumar had driven the offending vehicle-truck bearing registration No. HP-14-3104, rashly and negligently, on 29.08.2005, at about 2.30 p.m., near Konark Hotel, National Highway, Brewery, Tehsil and District Solan, H.P.; hit deceased Shashi Kant Kaushal riding on a scooter bearing registration No. HP

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