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2024 Supreme(HP) 138

SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Suman Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashwani K. Sharma, with Mr. Ishan Sharma.
For the Respondents: Mr. Adarsh Sharma, Mr. Karan Veer Singh, Mr. R.K. Sharma, with Mr. Arun Kumar.

JUDGMENT :

Sushil Kukreja, J.

The instant appeal is maintained by the appellant/ Oriental Insurance Company (hereinafter referred to as “the appellant”), under Section 173 of the Motor Vehicles Act (for short “the Act”), against the award dated 31.03.2015, passed by the learned Motor Accidents Claim Tribunal, Chamba, Division Chamba, H.P., in MAC Petition No.25/2013 (395/2013), with a prayer to set aside/modify the impugned award.

2. Succinctly, the facts giving rise to the present appeal are that petitioners Pritam Chand and Kanta Devi, filed a claim petition under Section 166 of the Act before the Tribunal below, whereby they sought compensation to the tune of rupees twenty lacs on account of death of their son Shri Gurmeet Singh. However, during pendency of the said claim petition, petitioner No.1 Pritam Singh (father of deceased Gurmeet Singh) died and subsequently his legal heirs, namely, Suman Devi and Neelama Devi, were brought on record as petitioners No.1(a) & 1(b), respectively. As per the petitioners, deceased Gurmeet Singh died in a motor accident on 26.01.2013, involving vehicle (Mahindra Maxi Cab) bearing registration No.HP-02C-0145, near Lunni Char, Tehsil Bharmour Dist

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