SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(HP) 2525

MANSOOR AHMAD MIR
Urmila Devi – Appellant
Versus
Managing Director, HRTC – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. J.R. Poswal, Advocate.
For the Respondents:Mr. N.K. Thakur, Mr. Jagdish Thakur, Mr. Anil Kumar God, Advocate Mr. Surender Verma, Advocate

JUDGMENT :

MANSOOR AHMAD MIR, J.

This appeal is directed against the award dated 7th October, 2009, passed by the Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as =the Tribunal'), in M.A.C. No. 49 of 2005/04, whereby compensation to the tune of Rs.7,42,904/- with interest @ 7% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimants and against the respondents (hereinafter referred to as =the impugned award').

2. The respondents have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.

3. Claimants No. 1 & 2 in the claim petition have questioned the impugned award on the ground of adequacy of compensation.

4. Heard. Perused.

5. The amount awarded is meager for the following reasons.

6. Admittedly, the deceased was an employee and his salary was Rs.12,909/- per month, at the time of accident, as per the salary certificate Ext. PW-2/A. The claimants are more than five in number.

7. The Tribunal has fallen in an error in deducting 1/3rd towards the personal expenses of the deceased. 1/5th was to be deducted towards his personal

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top