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PUNEET GUPTA
Daljit Singh – Appellant
Versus
Anju Jamwal – Respondent
JUDGEMENT
(Through Virtual Mode Srinagar)
1. The judgment shall dispose of the aforesaid appeals filed against the award dated 25.09.2009, passed by the learned Motor Accident Claims Tribunal, Jammu, whereby the Tribunal awarded amount of Rs. 8,70,060/- in favour of the claimants as per the share mentioned in the award. The Tribunal also awarded simple interest @ 7.5% per annum from the date of filing of claim petition till realization of the whole amount.
2. The liability has been fastened upon the said appellant being the owner of the offending vehicle.
3. The claimants have filed the cross-appeal seeking enhancement of the compensation awarded by the Tribunal.
4. Learned counsel appearing for the appellant-Daljit Singh has submitted that the Tribunal has grossly erred in holding the appellant-Daljit Singh liable for the accident though the deceased who was riding the motorcycle was himself negligent of the accident which took place on 21.06.2002. The Tribunal has not appreciated the evidence in its right perspective is the grouse of the appellant. Of course, the learned counsel h
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
The court established that the burden of proof for negligence lies with the claimant, and proper assessment of income is crucial in compensation claims.
The main legal point established in the judgment is the evaluation of compensation in motor accident claims, including the burden of proof for contributory negligence and the principles for assessing....
The court established that the absence of evidence for contributory negligence justified the Tribunal's compensation award.
The court clarified contribution to negligence in motor vehicle accidents, reaffirming that the driver’s responsibility can overshadow the cyclist’s negligence, impacting compensation amounts.
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