DHANWANTI Vs. HIMACHAL ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) Instant appeal filed under Sec. 173 of the Motor Vehicles Act, (in short " the Act" ) lays challenge to award dtd. 23/2/2017, passed by the learned Motor Accident Claims Tribunal-III, Solan, camp at Arki, District Solan, H.P., in MACP No. 5AK/2 of 2015 (Regd No. 12/15), whereby learned Tribunal below while allowing the petition having been filed by the appellants-petitioners-claimants (in short "the claimants") saddled the respondent-HRTC with liability to pay compensation to the tune of Rs.6,73,000.00 alongwith interest @ 9% per annum, from the date of filing of the petition till its deposit.

(2.) Precisely, the facts of the case as emerge from the record are that the claimants, filed a petition under Sec. 166 of the Act, in the court of learned Motor Accident Claims Tribunal-III, Solan, Camp at Arki, District Solan, H.P., claiming therein compensation to the tune of Rs.50.00 lac, on account of death of Sh. Hem Raj, son of claimants No. 1 and 2 and brother of claimants No. 3 and 4, in an accident.

(3.) Allegedly, on 10/10/2014, at about 9:00AM, while deceased Hem Raj was going to Shimla from Vaknaghat on his motorcycle, one Volvo bus bearing registration No. HP-63-5316 being driven by respondent No.2 in rash and negligent manner, hit his motorcycle, as a consequence of which, he suffered multiple injuries. Though injured was taken to IGMC Shimla after the accident, but unfortunately he succumbed to injuries. Claimants claimed that deceased Hem Raj was earning sum of Rs.20,000.00 per month being foreman/welder. Claimants claimed that since they were dependent upon the deceased Hem Raj, they are entitled to the compensation to be paid by the HRTC.