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2023 Supreme(HP) 532

RAKESH KAINTHLA
Oriental Insurance Company Ltd. – Appellant
Versus
Ram Piyari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Lalit Kumar Sharma, Advocate.
For the Respondents:Mr. Tara Singh Chauhan, Mr. Sanket Sankhyan, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal and the cross objections are directed against the Award dated 10.12.2015, passed by learned Motor Accident Claims Tribunal (in short MACT), Bilaspur, H.P., vide which, compensation of Rs. 16,44,820/- was awarded in favour of respondents no.1 to 4 (claimants before the learned MACT).(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned MACT for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the claimants filed a claim petition before the learned MACT for seeking compensation for the death of Jai Kishan caused in a motor vehicle accident involving the vehicle bearing registration no.HP24-A-7829 being driven by respondent no.1. It was asserted that Jai Kishan was going to his home on 05.05.2012. A jeep bearing registration no. HP24-A-7829 came from Galua at a high speed. Jai Kishan signalled the driver to stop the vehicle. However, the driver could not control the vehicle and hit the deceased. He fell and sustained multiple injuries. Jai Kishan was working as a Helper in the IPH department and he was getting a salary of Rs. 16,845/-. He was an agricultur

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