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2015 Supreme(HP) 1702

MANSOOR AHMAD MIR
Oriental Insurance Co. Ltd. – Appellant
Versus
Thano Devi – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. G.C. Gupta, Senior Advocate, with Ms.Meera Devi, Advocate.
For the respondents:Mr.S.D. Gill, Mr.Nimish Gupta, Advocate

JUDGMENT :

Mansoor Ahmad Mir, Chief Justice (oral)

The awards, impugned in these appeals, passed by Motor Accident Claims Tribunal, Chamba, (for short, the Tribunal), are the outcome of one accident caused by driver Gendu, while driving Maxi Cab bearing No.HP-01-2708 rashly and negligently, on 2ndAugust, 2006. Therefore, both the appeals are being disposed of by this common judgment.

2. Facts of the case, in brief, are that on 2nd August, 2006, the deceased (Manoj Kumar and Changa Ram) were traveling in the offending vehicle and when the said vehicle reached Jhulki Ghar near Sunku-Di- Tappari, the vehicle met with an accident, as a result of which the deceased sustained multiple injuries and died on the spot.

3. The claimants/legal representatives of deceased Manoj Kumar, who was 21 years of age at the relevant time, filed Claim Petition No.40 of 2006, titled Thano Devi and another vs. Darshna Thakur and another, (subject matter of FAO No.332 of 2008), claiming-compensation to the tune of Rs.13.00 lacs.

4. The claimants/legal representatives of deceased Changa Ram invoked the jurisdiction of the Tribunal by filing Claim Petition No.39 of 2006, titled Kesro Devi and another vs. Darshna T

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