Gurpreet Kaur vs National Insurance Company Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 696

HIMA KOHLI, AHSANUDDIN AMANULLAH
Gurpreet Kaur – Appellant
Versus
National Insurance Company Ltd. – Respondent

Advocates appeared:
For the Petitioners: Bankey Bihari Sharma with A. K. Thakur, Ram Nath Verma, Sanjay Misra and Santosh Jadhav
For the respondents: Ms. Sakshi Mittal, Adv.

JUDGMENT

1. 1. Leave granted.

2. The appellants (legal heirs of the deceased, Parminder Singh) are aggrieved by the order dated 18th July, 2019, passed by the learned Single Judge of the Punjab and Haryana High Court, at Chandigarh, whereby the appeal [FAO No. 6474/2018] preferred by the respondent No.1-Insurer of the offending vehicle against the award dated 7th May, 2018, passed by the Motor Accident Claim Tribunal [For short the’MACT’], Chandigarh, has been upheld and the High Court has held that the appellant – claimants are entitled only to 50% of the total compensation payable by the respondents jointly and severally on the ground that it was a case of contributory negligence and the deceased -Parminder Singh was also at fault in causing the accident.

3. It is not in dispute that the deceased, Parminder Singh was driving his car from his office to his home and when he reached the New Anaj Mandi, at Sirsa Road, Mansa, the offending vehicle being driven by late Shri Darshan Singh, had an head on accident with the car of late Shri Parminder Singh and both the drivers expired in the accident. Vide award dated 7th May, 2018, the MACT granted compensation of Rs. 63,35,536/- (Rupees Si

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