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2025 Supreme(HP) 59

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
Himachal Road Transport Corporation – Appellant
Versus
Priyanka Devi – Respondent


Advocates Appeared:
For the Appellants :Mr. Vikas Rajput, Mr. K.S. Banyal, Sr. Advocate with Mr. Uday Singh Banyal.
For the Respondents:Mr. K.S. Banyal, Sr. Advocate with Mr. Uday Singh Banyal, Mr. Vikas Rajput.

JUDGMENT :

Satyen Vaidya, J.

Heard.

2. Both these appeals are being decided by a common judgment as these arise from the same award.

3. A bus bearing No. HP-37-0394 owned by the Himachal Road Transport Corporation (for short “ the Corporation”) met with an accident on 10.09.2012 at place Malli in District Kangra, Himachal Pradesh. The ill fated bus went off the road and fell into a gorge. One Sanjay Kumar was an occupant of the bus as a passenger. He suffered multiple injuries in the accident which proved fatal causing death of Shri Sanjay Kumar (hereinafter referred to as the deceased).

4. The appellants in FAO No. 552 of 2019 (hereinafter referred to as “claimants”) filed a petition under Section 166 of the Motor Vehicles Act (for short “the Act”) for compensation on account of death of deceased, which came to be registered as MACP No. 65-P/II/2013/12 on the files of learned Motor Accident Claims Tribunal-IV, Kangra, at Dharamshala camp at Baijnath (hereinafter referred to as the “Tribunal”).

5. The claimants claimed that the deceased was a driver holding licence to drive heavy transport vehicle. He was stated to be working as professional driver earning Rs.15,000/- per month from such

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