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2024 Supreme(HP) 151

SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Kunju Ram – 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. details of the accident and claim petition. (Para 2 , 3 , 4)
2. assessment of driver’s license and its relevance to vehicle class. (Para 11 , 32)
3. determining insurance liability and breaches. (Para 12 , 15)
4. evaluations of legal precedents concerning compensation ruling. (Para 14 , 20 , 24)
5. final determination of compensation awarded to claimants. (Para 39)

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.21/2013 (388/2013), 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 4 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.Krishna Devi, who was wife of petitioner/ respondent No.1 and mother of petitioners/respondents No.2 to 4. As per the petiti

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