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2025 Supreme(Online)(HP) 8364

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Jiya Lal Bhardwaj, J
Depot Manager of Dehradoon Roadways – Appellant
Versus
Suman Devi and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rahul Mahajan
For the Respondents: Mr. Y.P. Sood, Mr. Dheeraj K. Vashisht

Jiya Lal Bhardwaj, Judge (Oral)

By way of present appeal, the appellant has assailed the award dated 06.10.2015, passed by the Motor Accident Claims Tribunal (II) Una, District Una (H.P.), whereby the claim petition preferred by respondents No.1 to 4 has been allowed, thereby awarding a sum of Rs.41,95,000/- to them along with interest at the rate of 9% per annum from the date of filing of the petition till realization and the appellant and respondent No.6 in the appeal have been held to pay the compensation jointly and severally.

2. The challenge in the present appeal is only on the quantum. The learned counsel representiHng the appellant has vehemently argued that the Tribunal below has wrongly assessed the income of the deceased as Rs.25,000/- per month, whereas, the said income has not been proved on record. Further, he argued that the Tribunal has erred whilet computing the compensation by taking the future prospects of 30% of the actual income, whereas, as per the law laid down by the Hon’ble Supreme Court in the Constitution Bench judgment in National Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680 , it has been held that where the deceased was self e

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