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IN THE HIGH COURT OF HIMACHAL PRADESH
, J
Rama Sood and Others v. Chavan Singh and Others
| Table of Content |
|---|
| 1. details of the accident and claims made. (Para 3 , 4 , 27 , 29 , 32) |
| 2. arguments about the income of the deceased. (Para 10 , 12 , 36 , 53 , 57) |
| 3. court observations on negligence and protocol for awarding compensation. (Para 15 , 18 , 56) |
| 4. principles regarding 'just compensation' established. (Para 16 , 20 , 54) |
| 5. conclusion and final order regarding compensation. (Para 61 , 62) |
1. Both these appeals are directed against the award, dated 3rd October, 2008, passed by the Motor Accident Claims Tribunal - III, Shimla, (for short, the Tribunal), whereby compensation to the tune of Rs.1.21 crore, alongwith interest at the rate of 9% per annum, came to be awarded in favour of the claimants and the insurer came to be saddled with the liability, (for short, the impugned award).
2. Feeling aggrieved, the claimants have questioned the impugned award by the medium of FAO No.80 of 2009 on the ground of adequacy of compensation, while the insurer has assailed the impugned award in FAO No.162 of 2009 on the ground that the amount of compensation awarded by the Tribunal is excessive.
3. Facts:
Unfortunate claimants (appellants in FAO No.80 of 2009) have been brought to streets by
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