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2025 Supreme(HP) 1566

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Madhu Joshi – Appellant
Versus
Rajesh Kumar alias Sonu – Respondent


Advocates Appeared:
For the Appellant :Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate.
For the Respondent:Ms. Devyani Sharma, Senior Advocate with Mr. Anirudh Sharma, Advocate

JUDGMENT :

Jiya Lal Bhardwaj, J.

The appellants have preferred the present appeal against the award dated 22.04.2015 passed by MACT, Una, District Una, Himachal Pradesh in M.A.C.P No.18 of 2013 titled Madhu Joshi and another vs. Rajesh Kumar alias Sonu and others, whereby the claim petition preferred by them has been allowed, thereby awarding a sum of Rs.3,42,750/- in their favour as compensation along with interest at the rate of 7.5% per annum from the date of filing the petition till realization of the payment. The appellants are seeking enhancement of the compensation amount awarded to them.

2. Shorn of unnecessary details, the appellants who are the unfortunate parents of deceased Prabhat Joshi had preferred the claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.10 Lakhs for untimely death of their son. The deceased had died in a motor vehicular accident, which took place on 16.04.2013 at Rakkar Colony near Cheverlot Showroom in District Una, H.P. involving Tipper Truck No.HR-64- 6574.

3. The appellants have challenged the award on the grounds that the income of the deceased has wrongly been taken as Rs.3,000/- per month, whereas it should

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