HIMACHAL ROAD TRANSPORT CORPORATION Vs. BANTI DEVI & OTHERS
LAWS(HPH)-2015-9-156
HIGH COURT OF HIMACHAL PRADESH
Decided on September 08,2015

HIMACHAL ROAD TRANSPORT CORPORATION Appellant
VERSUS
Banti Devi And Others Respondents

JUDGEMENT

- (1.) These appeals are the outcome of award, dated 7th June, 2008, passed by Motor Accident Claims Tribunal, Shimla, (for short, the Tribunal), in Claim Petition No.22-S/2 of 2006, titled Banti Devi and others v. Managing Director, HRTC and others, whereby compensation to the tune of Rs.8,85,000/-, with interest at the rate of 7.5%, from the date of filing of the Claim Petition till realization, was awarded in favour of the claimants and the Himachal Road Transport Corporation, (for short, the HRTC), being the owner of bus No.HP-07-3029, and respondent No.3, who was the driver of bus bearing No.HP-11-9902, were jointly saddled with the liability, (for short, the impugned award).
(2.) Since all the appeals arise out of one award, therefore, the same are taken up together for final disposal.
(3.) Precisely, in FAO Nos.425 of 2008 and 504 of 2008, the HRTC and the claimants, respectively, have questioned the impugned award on the ground of adequacy of compensation, while the driver of the private bus has challenged the impugned award by way of FAO No.486 of 2008 on the ground that he was not negligent and has been wrongly saddled with the liability.;


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