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2022 Supreme(HP) 327

SATYEN VAIDYA
Oriental Insurance Company Limited, Mythe Estate Kaithu, Shimla – Appellant
Versus
Nisha Kumari WD/O Late Sh. Niranjan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Lalit K. Sharma, Advocate
For the Respondent:Sh. Naresh Kaul, Advocate

JUDGMENT :

The appellant (hereinafter referred to as the ‘insurer’) has assailed award dated 22.5.2013 passed by learned Motor Accident Claims Tribunal-I, Kangra at Dharamshala (H.P.) in MACP (RBT) No. 67- G/II/2010/2007, whereby a sum of Rs.15,29,472/- along with interest at the rate of 7.5% per annum from the date of filing of petition till realization, was awarded in favour of respondents No.1 to 3 herein (for short ‘claimants’) and the insurer was saddled with liability to satisfy the award.

2. The claimants are the legal representatives of Sh. Niranjan Singh, who had died as the result of injuries received by him in a road accident. The compensation was claimed by the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short the ‘Act’) by alleging that on 02.07.2006 at about 12.15 P.M. deceased Niranjan Singh was riding a scooter with one Sh. Rattan Singh on the pillion from Nadaun to Jwalamukhi. Truck No. HP-11B0284, driven by respondent No.4 herein (for short ‘driver’) came from opposite side in a very high speed. The driver was driving the truck in a rash and

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