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RAJESH SEKHRI
New India Assurance Co. Ltd. – Appellant
Versus
Bishan Dass – Respondent
JUDGEMENT
1. Both the aforetitled appeals are being disposed of by virtue of this common judgment as they trace their genesis to the same motor vehicular accident stated to have occurred on 21.11.2012 in respect of which FIR 227 of 2012 came to be registered with Police Station, Rajbagh.
2. Before a closer look at the grounds urged in the memo of appeals, it shall be expedient to have an overview of the background facts, as they emerge from the claim petitions.
3. While deceased Veena Devi daughter of the claimants/respondents no. 1 and 2 [MA No. 292 of 2017] and claimant-Balbir Singh, [MA No. 291 of 2017] were standing on the road side on 21.11.2012, they were hit by a vehicle bearing Registration No. JK08C-1571, on its way from Village Malaman to Makwal, Tehsil Billawar due to rash and negligent driving of its driver, as a result whereof, Veena Devi died on the spot and Balbir Singh sustained grievous injuries. Separate claim petitions came to be preferred before the tribunal by legal representatives of the deceased and the injured. As per the claim petition filed by parents of the deceased (CP No. 29), deceased was 15 years of age and as per the claim petition filed by the injured
Insurance liability cannot be denied based solely on FIR claims; evidence shows claimants were standing on roadside, establishing negligence of the driver.
An insurance company is exonerated from liability when policy conditions, specifically regarding the insured's authorized use of a vehicle, are violated.
The court ruled that contributory negligence cannot be inferred solely from a site plan when eyewitness testimony indicates no fault, and clarified compensation calculations regarding deductions and ....
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and personal expenses.
Delay in lodging an FIR cannot solely negate compensation claims if credible evidence substantiates the claim, emphasizing the need for a just compensation framework in motor accident cases.
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