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2023 Supreme(HP) 305

SATYEN VAIDYA
Shriram General Insurance Company Limited – Appellant
Versus
Pushpa – Respondent


Advocates Appeared:
For the Appellant : Mr. Jagdish Thakur.
For the Respondents:Mr. Jeevesh Sharma, Adv., Respondents No. 4 and 5 already proceeded against ex-parte.

JUDGMENT :

(Satyen Vaidya, J.)

1. By way of instant appeal under Section 173 of the Motor Vehicles Act (for short “the Act”), the appellant/insurer has assailed Award dated 31.10.2017 passed by the learned Motor Accident Claims Tribunal, (CBI), Shimla, (for short “the Tribunal”) in MAC Petition No. 85-T/2 of 2013/12, whereby a sum of Rs.15,21,000/- along with interest @ 7.5 % per annum from the date of filing of petition till deposit has been awarded in favour of respondents No.1 to 3/claimants.

2. The claimants had approached the Tribunal for grant of compensation under Section 166 of the Act on account of death of Shri Sandeep Kumar. Claimants No.1 to 3 were mother, wife and minor son respectively of late Shri Sandeep Kumar.

3. Shri Sandeep Kumar had suffered injuries in a motor vehicle accident on 13.07.2011 and had died as a result thereof. The deceased was 19 years old at the time of his death. The vehicle involved in the accident was a truck bearing No. HP-11-4707 and was owned by respondent No.4 herein/owner and was being driven by respondent No.5 herein/driver at the time of acc

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