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2005 Supreme(P&H) 1270

N.K.SUD, VIRENDER SINGH
Himachal Road Transport Corporation – Appellant
Versus
Baldev Kumar Nayyer – Respondent


Judgment

N.K.Sud, J.

1. This order will dispose of two appeals viz F.A.O. Nos. 987 and 988 of 2005 which are directed against the common award passed by the Motor Accident Claims Tribunal, Panchkula (for short the Tribunal) dated 6.11.2003. The claimants in F.A.O. No. 987 of 2005 are the legal representatives of Girish Nayyer, who had died in a road accident on 28.12.1999. The claimant in F.A.O. No. 988 of 2005 is the person, who had sustained injuries in the said accident. Vide the impugned award, the Tribunal has awarded a compensation of Rs. 4,55,000/- to the legal representatives of the deceased Girish Nayyer and Rs. 70,000/- to the injured. The Tribunal has also awarded interest @ 9% per annum from the date of claim petition till the date of realisation.

2. In the claim petitions filed under Section 166 of the Motor Vehicles Act, 1988 (for short the Act), the claimants had claimed the income of the deceased/injured to be more than Rs. 40,000/- per annum. However, during the course of proceedings before the Tribunal a prayer was made that the petitions be treated as petitions under Section 163-A of the Act by restricting the income of the deceased/injured to less than Rs. 40,000





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