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2023 Supreme(HP) 231

JYOTSNA REWAL DUA
Nirmla Devi – Appellant
Versus
Kuldeep Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.L. Bhardwaj, Sr. Advocate with Mr. Sanjay Bharwaj, Adv.
For the Respondents:Ms. Heena Chauhan, Advocate vice Mr. B.S. Thakur, Mr. Jagdish Thakur, Adv.

JUDGMENT :

Jyotsna Rewal Dua, J.

Against the award passed by the learned Motor Accident Claims Tribunal on 15.3.2013, two appeals have been filed, one by the claimants [FAO (MVA) No. 143 of 2014] seeking enhancement and the other by the insurer [FAO (MVA) No. 49 of 2014] seeking to reduce the awarded compensation amount. Arising out of the same award, these appeals are taken up together for adjudication.

2. The case On 23.3.2010, one Shri Tulsi Ram was travelling in vehicle bearing Registration No. HP 63-0236. Due to rash and negligent driving of its driver, the vehicle met with an accident causing Tulsi Ram’s death. The driver of the vehicle also lost his life in the accident. Tulsi Ram’s wife-Nirmla Devi filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 15,00,000/-. She pleaded that Tulsi Ram was working as a skilled mason at the time of his death. He was earning Rs. 9,000/- per month at the rate of Rs. 300/- per day. He was aged about 55 years at the time of accident. Learned Tribunal held that Tulsi Ram died as a result of accident caused


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