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2024 Supreme(HP) 140

SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Prem Chand – 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.

Table of Content
1. appeal highlights compensation awarded for a fatal accident. (Para 1 , 2 , 3)
2. arguments challenge the tribunal's findings on liability. (Para 8 , 11 , 15)
3. court relies on precedents to uphold insurance liability. (Para 12 , 18 , 20)
4. final compensation modified per legal standards established. (Para 36 , 37)

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 15.09.2014, passed by the learned Motor Accidents Claims Tribunal, Chamba, Division Chamba, H.P., in MAC Petition No.19/2013 (393/2013), with a prayer to set aside/modify the impugned award.

2. Succinctly, the facts giving rise to the present appeal are that the petitioners (respondents No.1 to 3 herein) filed a claim petition under Section 166 of the Act, whereby they sought compensation to the tune of rupees ten lacs on account of death of Smt. Sashena Devi, who was wife of petitioner/respondent No.1 and mother of petitioners/respondents No.2 & 3. As per the petitioners, Sashena Devi (deceased) died in a motor acc

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