IN THE HIGH COURT OF HIMACHAL PRADESH
, J
Rama Sood and Others v. Chavan Singh and Others
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 the vehicular accident, which was caused by the driver, namely, Vinod Kumar, while driving truck bearing registration No.HR - 58-1895 rashly and negligently near Saharanpur by hitting the car bearing No.HP03A - 7997, being driven by deceased Ajay Kumar Sood. It was averred in the Claim Petition that on 10th October, 2003, the deceased alongwith other persons was going to Rishikesh and at about 2.45
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