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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
United India Insurance Company Ltd. – Appellant
Versus
Jai Devi – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
The instant appeal has been filed by the insurer to assail award dated 21.07.2016 passed by learned Motor Accident Claims Tribunal-II, Solan in Claim Petition No.35-S/2 of 2013 whereby an amount of Rs.22,61,000/- with interest at the rate of 9% per annum from the date of filing of the petition has been awarded in favour of the claimants (respondents No.1 and 4 herein)
2. The claimants and owners have also filed their cross objections assailing the impugned award.
3. Both the appeal and cross objections are being considered and decided by a common judgement.
4. The claimants filed Claim Petition under Section 166 of the Motor Vehicles Act before the learned Tribunal seeking compensation on account of death of Shri Sita Ram in a motor vehicle accident involving Tractor No. HP-16-1259. It was alleged that on 03.09.2013 deceased Sita Ram was engaged as a labourer by respondents No.5 and 6 herein (hereinafter referred to as “owners”) and in pursuance thereof he was deputed to load and unload the tractor trolley being driven by respondent No.7 (hereinafter referred to as the “driver”). It was also averred that at about 10.00 PM, the Tractor No.HP-16-1259 being d
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