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2008 Supreme(J&K) 379

SUNIL HALI
Himachal Road Transport Corp. – Appellant
Versus
Bindu – Respondent


Advocates Appeared:
Advocate For Respondent: S.C. Gupta
Advocate For Respondent: Anil Sethi
Advocate For Appellant: Rupinder Singh

1. A bus No.HP-48-0980, which was going from Baror to Holee (H.P) met with an accident on 01.03.2001. The said accident resulted into death of many passengers including the driver of the vehicle. One of the victims, namely, Deepak Raj Majahan, who hailed from Jammu also died in the said accident.

2. A claim petition came to be filed before the learned Motor Accident Claims Tribunal, Jammu on behalf of widow, one daughter and parents of deceased Deepak Raj Mahajan. The learned Tribunal after hearing the parties, awarded compensation of Rs.16,58,600/- along with interest @ 9% p.a. from the date of filing of the claim petition under the following heads :-

1. Loss of dependency : Rs.16,23,600.00

2. Loss of consortium : Rs. 15,000.00

3. Loss to the estate : Rs. 15,000.00

4. Funeral expenses : Rs. 5,000.00

3. Being aggrieved of the said award, present appeal has been filed by the Himachal Road Transport Corporation on the following grounds:-

(a) That calculating the average income of deceased at Rs. 22,800/- per month which includes the future income, which the deceased would have earned, is based on no material.

(b) That family pension payable to the deceased was also required to be deducted fr














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