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2023 Supreme(HP) 169

RAKESH KAINTHLA
Vishal Walia – Appellant
Versus
Vidya Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate.
For the Respondent:Mr. Ashwani Sharma, Senior Advocate, with Mr. Ishan Sharma, Advocate

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the Award dated 28.07.2012, passed by Motor Accident Claims Tribunal, Fast Track Court, Solan, Himachal Pradesh (hereinafter referred to as “MACT Solan), vide which, the appeal filed by the present appellants (respondents no. 4 and 5 before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned MACT for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the claimants filed a claim petition before the learned MACT, seeking compensation of Rs.20,00,000/- (Rupees Twenty Lacs), for the death of Dinesh Kumar, caused in a motor vehicle accident involving the vehicle bearing registration no. HP-63-0862, owned by respondent no.1 and Scooter bearing registration no. HP-14-1581, owned by original respondent no.3, Vishal Walia. It was asserted that the deceased was travelling on the scooter bearing registrationno.HP-14-1581, as pillion rider on 01.09.2004. Original respondent No.3, was driving the scooter at a slow speed on its side. When the scooter reached the MC building, a truck bearing registration no.H

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