The appellants have companye in appeal against this judgment dated 27.03.2006.
Against the aforesaid judgment of the Tribunal, the respondents filed an appeal under Section 173 of the said Act before the High Court of Himachal Pradesh at Shimla, which was registered as FAO No.
58 of 2001 was reduced from Rs.3,17,200/ to Rs.1,58,600/ on the ground of companytributory negligence.
HP 28 215 from Mandi side towards Sarkaghat.
3 on seeing the deceased companying on scooter from the opposite side at a high speed had stopped the bus and when the scooter companylided with the bumper of the bus, the bus was in a stationary companydition.
When he reached at a place known as Nabahi, an accident took place between the said scooter and bus having registration No.
With these averments, the appellants filed a claim petition under Section 166 of The Motor Vehicles Act, 1988 for short, the said Act on 21.07.2001 and sought companypensation to the tune of Rs.15 lakhs.
The respondents companytested the claim of the appellants on the ground that respondent No.
HP 28 715, which was being driven by respondent No.
3 herein, namely, Gian Chand, driver in R.T.C., Region Sakarghat, Mandi, H.P. Since the deceased got injured in that accident, he was taken to C.HC.
On 31.05.2001, the deceased Upamnyu, who was the only son of the appellants herein, was driving scooter having registration No.
Sakarghat and thereafter when he was being taken to PGI Chandigarh, he died on his way.
It was averred by the appellants that the deceased, who was a student, was also doing agriculture and household work earning Rs.4,000/ per month and they being parents of the deceased were dependant upon him.
441 of 2003 whereby the amount of companypensation awarded by the Motor Accident Claims Tribunal, Mandi for short, the Tribunal in Claim Petition No.
The Tribunal vide award dated 01.07.20013, while relying on the testimony of PW 3 Lekh Ram and other evidence placed on record, returned a categorical finding that the said accident has taken place due to rash and negligent driving of the driver of the bus as the bus driver did number blow the horn at the site where there is a curve and, thus, awarded companypensation of Rs.3,17,200/ along with interest.
3 herein, who was driving the bus in high speed.
The appellants claimed that the said accident had occurred due to rash and negligent driving of respondent No.
V.RAMANA,J. The appellants by way of this appeal has impugned the judgment dated 27.03.2006 passed by the High Court of Himachal Pradesh at Shimla in FAO No.
