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2024 Supreme(HP) 453

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua
United India Insurance Company Ltd. – Appellant
Versus
Raksha Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Ashwani K. Sharma, Senior Advocate with Mr. Ishan Sharma, Advocate
For the Respondents:Mr. Malay Kaushal, Advocate, Mr. Ajay Kumar Dhiman, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J

1. One Sh. Piar Singh (husband of claimant No.1, son of claimant No.6 and father of claimants No.2 to 5) was travelling in a Car on 21.02.2010. Smt. Santosh (respondent No.1 in the claim petition) was the registered owner of the vehicle, who had statedly transferred the ownership of vehicle to Sh. Pawan Kumar (respondent No.4) in the claim petition). The vehicle driven by Sh. Achhar Pal (respondent No.2 in the claim petition) met with an accident, resulting in Piar Singh’s death.

In the claim petition, learned Motor Accident Claims Tribunal (in short ‘Tribunal’) held that the accident was caused on account of rash and negligent driving of the vehicle by Sh. Achhar Pal (respondent No.2 in the claim petition). For assessing the quantum of compensation, learned Tribunal held that the evidence on record established that the deceased was a skilled worker, hence, his income was taken as Rs.6000/- per month. Total compensation amount was computed as under:-

Income takenRs.6,000/-
50% addition in income on account of future prospectsRs.3,000/-
Total incomeRs.9,000/-
Deduction (1/4) CRs.9,000-2,250/-Rs.6750/- per month
Annual Income6750x12Rs.81,000/-
Multiplier of 158


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