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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
United India Insurance Company Limited – Appellant
Versus
Kirna Devi – Respondent
| Table of Content |
|---|
| 1. appeals filed against compensation award. (Para 1 , 2 , 3) |
| 2. details of the accident leading to the claim. (Para 4) |
| 3. defenses raised by respondents regarding liability. (Para 5 , 6 , 7) |
| 4. arguments regarding validity of the driving license. (Para 10 , 11) |
| 5. court's acknowledgment of undisputed facts. (Para 12 , 13) |
| 6. assessment of the driving license evidence. (Para 14 , 15 , 16) |
| 7. court's analysis of insurance liability. (Para 17 , 18 , 19) |
| 8. correct calculation of future prospects in compensation. (Para 20 , 21 , 22) |
| 9. calculation of family dependency deductions. (Para 23 , 24 , 25) |
| 10. assessment of conventional damages awarded. (Para 26 , 27 , 28) |
| 11. conclusion regarding total compensation calculation. (Para 29) |
| 12. final order on appeals and compensation. (Para 30 , 31) |
JUDGMENT :
Sushil Kukreja, J.
1. Since all these appeals are the offshoot of impugned award dated 01.05.2023, passed by learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P. (hereinafter referred to as the learned “Tribunal below”) in MACT Case No. 127 of 2016, they are being taken up together for disposal.
2. The appeal (FAO No. 141 of 2023) is maintained by the
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