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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.

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 petitioners, Krishna Devi (deceased) 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 District Chamba, H.P. It was further averred that on 26.01.2013 the deceased hired the vehicle in question and she was traveling from Village Siunr to Holi, which was being driven by one Devender Kumar (

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