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2022 Supreme(Online)(HP) 2033

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J
GULAB SINGH – Appellant
Versus
ARVIND KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: MR. PARKASH SHARMA
For the Respondents: MR. KARAN SINGH KANWAR, MR. VIRENDER SHARMA

Table of Content
1. introduction to case and parties involved. (Para 1 , 2)
2. accident details and compensation claims by appellants. (Para 3 , 6 , 8 , 14)
3. debate on the income estimation and mact assessment. (Para 17 , 18 , 21)
4. court reflections on mact's income computation errors. (Para 22 , 24 , 25 , 36)
5. conclusion of recalibration of compensation amount awarded. (Para 40 , 47)

JUDGMENT

The appellants detailed and described hereinabove have filed the present appeal undter Section 173 of the Motor Vehicle Act , 1988 (hereinafter referred to as ‘MV Act’) against the award, dated 29th April, 2017, passed by the learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P. (hereinafter referred to as ‘the MACT’).

2. For the sake of convenience, the parties to the lis are ghereinafter referred to as referred by the learned MACT.

3. Claimants No. 1 to 3 are the sons and claimant No. 4 is the widow of Sh. Bahadur Singh, who had died due to the injuries sustained in the road side accident on 7th April, 2014, involving bus No. HP-71-2243.

4. The claim petition was filed against the respondents being the driver, owner and insurer of the ill fated bus.

5. As per the stand of t

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