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2024 Supreme(HP) 444

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
SATYEN VAIDYA
National Insurance Company Ltd. – Appellant
Versus
Beasa Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Dr. Lalit K. Sharma, Advocate.
For the Respondents:Mr. Vikas Rathore, Advocate, Mr. Surinder Mohan, Advocate

JUDGMENT :

Satyen Vaidya, J.

1. By way of instant appeal, the appellant has assailed award dated 01.09.2012 passed by learned Motor Accident Claims Tribunal-II, Mandi, H.P. (for short “the Tribunal”) in Claim Petition No. 48 of 2006, whereby respondents No.1 to 6 have been awarded compensation to the tune of Rs.13,90,336/- along with interest @ 7.5% per annum from the date of filing of petition.

2. A claim petition under Section 166 of the MOTOR VEHICLES ACT was filed by respondents No.1 to 6 (hereinafter referred to as “claimants”) by impleading respondent No.7 in the capacity of owner and driver of offending vehicle (hereinafter referred to as “owner”) and the appellant herein as insurer (hereinafter referred to as “insurer”).

3. The claimants had claimed compensation on account of death of Shri Baldev Singh Thakur in a motor vehicle accident, being his dependents.

4. It was alleged that on 15.12.2005 at about 8.30 A.M. Sh. Baldev Singh Thakur while walking on the road at village Nerwa in District Shimla was hit by a vehicle with temporary registration number being driven by owner in rash and negligent manner. Shri Baldev Singh Thakur was alleged to have received fatal injuries in t

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