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SANDEEP SHARMA
Dalbir Singh (deceased) through LRs – Appellant
Versus
Sunny Jindal – Respondent
JUDGMENT :
Sandeep Sharma, J.
Above captioned appeals filed under Section 173 of the Motor Vehicles Act ( for short ‘Act’), lay challenge to award dated 31.03.2021, passed by learned Motor Accident Claims Tribunal (IV) Shimla, Himachal Pradesh, in M.A.C.C. No. 29-S/2 of 2016, titled as Dalbir Singh (deceased) through LRs Smt. Seema Devi and others vs. Sunny Jindal and another, whereby tribunal below, while holding claimants i.e. appellants in FAO No.227 of 2021, entitled for compensation, saddled National Insurance Company i.e. appellant in FAO No.254 of 2021, with liability to pay sum of Rs. 4, 65, 179/ - alongwith interest at the rate of 9% per annum from the date of filing of the petition till payment.
2. Precisely, the facts of the case, as emerge from the record are that deceased Dalbir Singh, instituted claim petition under Section 166 of the Act, seeking therein compensation to the tune of Rs. 50,00,000/- on account of the injury suffered by him in the motor vehicle accident occurred on 25.02.2016 at place called Mansar between Kandaghat and Solan. Above named person claimed that on 25.02.2016, while he was driving his car bearing registration No.PB-13-AA-7671(Maruti Swift), a
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
The court established that the compensation for death in a motor accident must accurately reflect the deceased's potential future income, utilizing the appropriate multiplier based on age rather than....
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