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2015 Supreme(Del) 258

G.P.MITTAL
Shriram General Insurance Co. Ltd. – Appellant
Versus
Shabir – Respondent


Advocates Appeared:
For the Appellant:K.L. Nandwani, Advocate.

JUDGMENT

G.P. MITTAL, J.

1. The appeal is directed against judgment dated 16.07.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.17,93,300/- was awarded for the death of Ms. Barkatt Bano, a housewife who died in a motor vehicular accident which occurred on 24.09.2012.

2. It is urged by the learned counsel for the Appellant that the Claims Tribunal erred in reaching the finding of negligence and that the compensation awarded is excessive and exorbitant.

3. During inquiry before the Claims Tribunal, Respondents examined Mohd. Shahzad (PW-2), an eye witness to the accident. He testified that the driver of the offending TATA 407 bearing no.UP-13F-9944 had suddenly taken a right turn in the cut as a result of which it collided against a two-wheeler driven by a male and a lady sitting on the pillion.

4. The learned counsel for the Appellant has referred to the site plan prepared by the IO to urge that the two-wheeler driver was at fault. A perusal of the site plan, in fact, supports the testimony of PW-2. Since the offending TATA 407 was taking a right turn, it was expected of its driver to have waited for the traffic going on the main road t



































































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