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SANDEEP SHARMA
Nirmala Devi – Appellant
Versus
Ramesh Chand – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Instant appeal filed under S.173 of the Motor Vehicles Act (hereinafter ‘Act’) is directed against Award dated 9.11.2016 passed by learned Motor Accident Claims Tribunal-III, Solan, Himachal Pradesh in MACP No. 7AK/2 of 2014 (Regd. No. 101/2015), whereby learned Tribunal below, while allowing the claim petition having been filed by appellants/claimants, (hereinafter, ‘claimants) saddled the respondent No. 3-Insurance Company (hereinafter ‘insurance company’) with liability to pay Rs. 5,11,000/- with interest at the rate of 9% per annum from the date of filing of the petition till realization thereof to the claimants, as compensation on account of death of Late Ashish Kumar, son of claimant No. 1 and brother of claimant No. 2.
2. Precisely, the facts of the case, as emerge from record, are that on 16.3.2014, while deceased Ashish Kumar, was going from Subathu to Solan on Motor Cycle bearing registration No. HP-12T-1865, he was unfortunately hit by Tipper bearing registration No. HP-64-4651, being driven by respondent No. 2-Chaman Lal, as a result whereof, he suffered multiple injuries and ultimately succumbed to the injuries.
3. Claimants, being mother a
In motor accident claims, where documentary evidence of income is absent, courts may use minimum wage notifications as a baseline while applying reasonable guesswork to determine actual income. Compe....
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