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2018 Supreme(SC) 125

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Archit Saini – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellants :- Bimlesh Kumar Singh, Adv.
For the Respondents:- Amrreeta Swaarup, Adv.

JUDGMENT

A.M. Khanwilkar, J.

These appeals take exception to the judgment and order dated 1st February, 2016 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos.1179, 1180, 1181, 1182, 1183, 1318, 1452, 4596, 4597 & 4598 of 2013, whereby the High Court modified the award passed by the Motor Accident Claims Tribunal, Yamuna Nagar, Jagadhari, on the finding that it was a case of "contributory negligence" and resultantly held that the claimants - injured were entitled to only 50% of the total compensation awarded to them including the enhanced compensation.

2. The sole question raised in the present appeals is about the justness and tenability of the approach of the High Court in reversing the finding of fact recorded by the Tribunal on the factum that the motor accident which occurred on 15 th December, 2011 at about 10.30 P.M. was due to parking of the offending vehicle bearing No.HR-02-AF-8590 (Gas Tanker) in the middle of the road in a negligent manner.

3. In the petition for compensation filed before the Motor Accident Claims Tribunal (for short, "the Tribunal"), it was alleged that the accident was caused due to parking of the offending Gas Tanker in the middl
























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