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2019 Supreme(UK) 360

SUDHANSHU DHULIA
Oriental Insurance Company Limited – Appellant
Versus
Harish Chandra Joshi – Respondent


Advocates Appeared:
T.A. Khan, Adv., Aditya Kumar Arya, Adv., Vinodanand Barthwal, Adv., I.D. Palliwal, Adv.

JUDGMENT :

Sudhanshu Dhulia, J.

This appeal from order arises out of an award passed by the Motor Accident Claims Tribunal, Pauri Garhwal dated 31.08.2017 passed in MACP No. 11 of 2016, whereby a compensation of Rs. 3,36,000/- (Rupees Three Lakh Thirty Six Thousand only) has been awarded to the claimants along with an interest rate of 6 per cent per annum from the date of filing the claim petition.

2. Brief facts of the case are that Sonu (deceased) was the driver of the vehicle bearing registration no. U.K.12CA/0352. On 15.06.2012 at about 09:00 P.M., when he was plying the vehicle from Nainidanda to Baijro-Pauri, near Village Sukai, Birokhal, the vehicle met with an accident, as a result of which, driver of the vehicle Sonu sustained grievous injuries and died on the spot.

3. On account of the death of Sonu in a motor accident, a claim petition was filed by the claimants seeking a compensation of Rs.27,54,000/- (Rupees Twenty Seven Lakh Fifty Four Thousand only). It was alleged in the claim petition that the deceased was 28 years of age and was getting Rs.10,000/- (Rupees Ten Thousand only) per month as salary.

4. Written statements were filed by the owner of the vehicle as well as th

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