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2021 Supreme(SC) 1162

HEMANT GUPTA, V. RAMASUBRAMANIAN
K. Anusha – Appellant
Versus
Regional Manager, Shriram General Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. C. B. Gururaj, Adv. Mr. K. P. Mavi, Adv. Mr. Pramit Chettri, Adv. Mr. Prakash Ranjan Nayak, AOR
For the Respondent(s): Mr. Sameer Nandwani, Adv. Mr. Syed Ahmed Saud, Adv. Mr. Daanish Ahmed Syed, Adv. Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. for M/s. Shakil Ahmad Syed, AOR

ORDER :

1. Leave granted.

2. Aggrieved both by the quantum of compensation determined by the High Court and the finding recorded by the Tribunal and confirmed by the High Court that the driver of the car in which the deceased was travelling was also guilty of contributory negligence and that therefore the claimants are entitled only to 50% of the amount of compensation as determined, the claimants in a motor accident claim have come up with the above appeal.

3. We have heard the learned counsel for the parties.

4. On 10.02.2011, the car in which the husband of the 1st appellant (and the father of the appellant nos. 2 and 3) was travelling, dashed against a lorry that was going in front, when the driver of the lorry allegedly stopped it all of a sudden without any signal or indicator. The victim suffered serious injuries and died on the spot.

5. Claiming that the accident occurred due to the rash and negligent driving on the part of the driver of the lorry, the appellants filed a claim before the Tribunal, seeking compensation in a sum of Rs. 54,10,000/-.

6. According to the appellant


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