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NUPUR BHATI
Mukhi Devi W/o Late Shri Om Prakash – Appellant
Versus
Shyam Sunder S/o Shri Ajeet Ram – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. These misc. appeals have been preferred by both, claimants seeking enhancement of the compensation (CMA Nos. 587/2016, 586/2016 & 589/2016) and non-claimant No. 3 i.e. The New India Assurance Company Ltd. (CMA Nos. 1028/2016, 1030/2016, 1031/2016, 1034/2016, 1037/2016 & 1029/2016) under Section 173 of the Motor Vehicles Act, 1988 (‘Act’) assailing the validity of the impugned judgment and award dated 08.01.2016 passed by learned Judge, Motor Accident Claims Tribunal (Labour Court), Sri Ganganagar (‘Tribunal’) in MAC Cases No. 23/2010, 24/2010, 25/2010, 34/2010, 35/2010 & 36/2010 respectively, whereby the learned Tribunal awarded compensation in favour of respective claimants along with interest @ 9% p.a. from the date of filing the claim petitions and the liability to pay the compensation was fastened upon non-claimants No. 1, 2 and 3 jointly and severally.
2. Briefly stated, the facts of the case are that six claim petitions under Section 166 of the Act were filed before the learned Tribunal by respective claimants claiming compensation, the details whereof is summarized in tabular form for convenience:
| S. No. | MAC Case No. | Death/Injury | |
The court established that the driver of a stationary vehicle is solely liable for accidents due to improper parking without indicators, impacting compensation calculations.
The court upheld the tribunal's findings on negligence and modified compensation amounts, emphasizing the standard of proof in negligence claims and the admissibility of police documents.
The court adjusted the compensation for fatal accident claims based on the deceased's income and future prospects, emphasizing a holistic approach to negligence and entitlement under the Motor Vehicl....
In motor accident claims, negligence should be evaluated based on the preponderance of probabilities, and compensation must be just and reflective of loss, including future prospects.
The court reaffirmed that a higher compensation than claimed can be awarded to ensure just compensation, highlighting principles of composite negligence and the role of established precedents in dete....
The court ruled that both drivers were negligent, affirming joint liability under composite negligence, and clarified that enhanced compensation beyond the claimed amount is permissible when just com....
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