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2018 Supreme(SC) 43

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
ANIL – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


JUDGMENT

Dr. D.Y. CHANDRACHUD, J.

1. The Punjab and Haryana High Court by its judgment dated 6 September 2010 reversed a decision of the Motor Accident Claims Tribunal, Rewari dated 6 February 2001. The Tribunal awarded compensation of Rs. 21,38,000/- together with interest at the rate of 9 percent per annum to the appellants. The High Court reversed the award on the ground that the appellants had set up a “brazenly false case…to stage manage a fake involvement of the insured’s vehicle”.

2. The deceased was a person by the name of Ram Kanwar. His brother Satbir Singh was the owner of a tractor. The case of the claimants which was sought to be established through PW1 Bhawani Shankar was that on 12 January 1995 he together with two others namely Rohtas and Ghanshyam (PW2) were proceeding in a tractor driven by Dharampal from Sehjahpur to village Jat Behrod. Ram Kanwar signalled for the tractor to stop. However, the tractor was driven in a rash and negligent manner, as a result of which, it ran over Ram Kanwar. Besides adverting to the evidence of PW1 and PW2, the alleged eye-witnesses, the Tribunal adverted to the FIR lodged against Ram Kanwar under Sections 279/304-A of the Penal Cod






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