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2016 Supreme(HP) 2352

P.S.RANA
Oriental Insurance Company Ltd. – Appellant
Versus
Sandeep Sharma S/o Sh Kuram Chand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. Seema Sood.
For the Respondent: Mr. G.R. Palsra.

JUDGMENT :

P.S. RANA, J.

Decision:

1. Present appeal is filed under Section 173 of Motor Vehicles Act 1988 against award dated 24.2.2011 passed by Motor Accident Claims Tribunal-I Mandi to the tune of Rs. 651000/- (Six lacs fifty one thousand) along with interest @ 9% per annum from the date of petition till realization in MAC Petition No. 34 of 2009 title Smt.Geeta Devi and others Vs. Sh. Sandeep Sharma and others.

Brief facts of the case:

2. Smt. Geeta Devi and others filed claim petition under section 166 of Motor Vehicles Act 1988 pleaded therein that on dated 27.3.2008 near village and post office Kataula Tehsil Sadar District Mandi HP at about 11/11.30 PM Sohan Lal died when he was sitting in vehicle Tata Tipper No. HP 33B-1305 as mason-cum-labourer. It is pleaded that on dated 27.3.2008 deceased Sohan Lal boarded vehicle Tata Tipper No. HP 33B-1305 from village Batahan District Mandi and was going to village Kataula Tehsil Sadar District Mandi HP and when at about 11/11.30 PM vehicle reached near village Kataula vehicle was in excessive speed and driver of vehicle could not control vehicle due to excessive speed and vehicle was driven in rash and negligent manner. It is pleaded t

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