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2026 Supreme(Online)(HP) 2430

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
TARLOK CHAND – Appellant
Versus
NARINDER KUMAR – Respondent


Petitioner Advocates:SANJEEV KUTHIALA ,Respondent Advocate:RAJAN KAHOL DEVYANI SHARMA NEMO RESPONDENT NO. 3 RESPONDENT NO. 1 AND 2 ABHISHEK RAJ Basant Pal Thakur Anirudh Sharma SHIVAM SHARMA

Chand versus Narinder Kumar & ors.’, have preferred the present appeal.

2. By way of award dated 2.1.2017, the learned Tribunal has allowed the claim petition filed bHy the appellants by awarding a sum of Rs. 8,58,400/-, as compensation, along with interest @ 9% per annum, from the date of filing of the petition, till deposit. The ultimate liability has been fastened upon respondent No. 3, insurer of truck No. PB-03R-9439.

3. For the sake of convenience, the parties to the present lis are, hereinafter, referred to, in the same manner, as were, referred to, by the learned Tribunal.

4. Brief facts, leading to the filing of present appeal, befhore this Court, may be summed up, as under:-

gThe claimants, being unfortunate parents of Ajay Kumar, had filed the claim petition, under Section 166 of the Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), seeking compensation on account of death of Ajay Kumar, who expired in a roadside accident, involving vehicle No. PB- 03R-9439, (hereinafter referred to as ‘the offending vehicle’), on 25.10.2014, being owned by respondent No. 2 and driven by respondent No. 1, in a rash and negligent manner. The said vehicle was insured with respond

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