USHA DHRAIK Vs. HIMACHAL BASPA POWER CO. LTD.

JUDGEMENT

(1.) Whether the reporters of the local papers may be allowed to see the Judgment?Yes Tarlok Singh Chauhan, Judge Since both these appeals emanate out of common award, therefore, they are taken up together for hearing and are being disposed of by way of a common judgment.

(2.) FAO No. 49 of 2013 has been filed by the claimants seeking enhancement of award amount whereas FAO No. 4135/2013 has been filed by the Insurance Company questioning the fastening of the liability to pay the award amount upon it Parties herein after referred to as the 'claimants', 'driver' and 'Insurance Company'.

(3.) The claimants claimed compensation to the tune of Rs.20,00,000/- on account of untimely death of Swaran Singh Dhraik in a vehicular accident involving vehicle No. HP-26A-0686 Tata LPK (for short 'Lorry'). It was averred that on 01.01.2008 the deceased was coming in his Wagon-R car (hereinafter referred to as Car) bearing registration No. HP-06-3975 from Solan to Rampur and at about 7:30 p.m., when his Car reached Talai near Nogli, the Lorry came from behind and knocked it down.