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2015 Supreme(HP) 1669

MANSOOR AHMAD MIR
Pushp Lata – Appellant
Versus
Bajaj Allianz General Insurance Co. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.B.N. Sharma, Advocate
For the Respondent:Mr.Neeraj Gupta, Advocate

JUDGMENT :

Mansoor Ahmad Mir, J

Both these appeals are the outcome of one award, dated 1st July, 2008, passed by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, (for short, the Tribunal), in Claim Petition No.11 of 2007, titled Pushp Lata and others vs. Bajaj Allianz General Insurance Co. and another, whereby compensation to the tune of Rs.8,47,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimants and the insurer was saddled with the liability, (for short the impugned award). Accordingly, both the appeals are taken up together for final disposal.

2. FAO No.560 of 2008 has been filed by the claimants on the ground of adequacy of compensation, while the insurer has laid challenge to the impugned award by filing FAO No.171 of 2009 on the ground that the amount awarded is excessive and the insurer was wrongly saddled with the liability.

3. Thus, the only question needs to be determined is – Whether the amount awarded is just and appropriate?

4. In order to prove the income of the deceased, the claimants have led evidence and have sought to prove that the deceased was earn

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