NIRMALA DEVI Vs. RAMESH CHAND

JUDGEMENT

(1.) Instant appeal filed under S.173 of the Motor Vehicles Act (hereinafter, 'Act') is directed against Award dtd. 9/11/2016 passed by learned Motor Accident Claims Tribunal-III, Solan, Himachal Pradesh in MACP No.7AK/2 of 2014 (Regd. No. 101/2015), whereby learned Tribunal below, while allowing the claim petition having been filed by appellants/claimants, (hereinafter, 'claimants) saddled the respondent No.3-Insurance Company (hereinafter, 'insurance company') with liability to pay Rs.5,11,000.00 with interest at the rate of 9% per annum from the date of filing of the petition till realization thereof to the claimants, as compensation on account of death of late Ashish Kumar, son of claimant No.1 and brother of claimant No.2 Whether the reporters of the local papers may be allowed to see the judgment?

(2.) Precisely, the facts of the case, as emerge from record, are that on 16/3/2014, while deceased Ashish Kumar, was going from Subathu to Solan on Motor Cycle bearing registration No.HP-12T-1865, he was unfortunately hit by Tipper bearing registration No. HP-64-4651, being driven by respondent No.2-Chaman Lal, as a result whereof, he suffered multiple injuries and ultimately succumbed to the injuries.

(3.) Claimants, being mother and brother of deceased Ashish Kumar, instituted a claim petition under Sec. 166 of the Act, seeking therein compensation to the tune of Rs.5.00 Crore, alongwith interest at the rate of 12% per annum. Claimants stated in the claim petition therein that at the time of death, Ashish Kumar, who was 23 years old, was earning Rs.50,000.0060,000 per month from the business of dairy farming and selling 120 ltres milk per day, at the rate of Rs.30.00 per litre. Claimants claimed that the deceased was the sole bread winner of the family and as such, they being legal heir of the deceased, are entitled to compensation.