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ANIL KUMAR CHOUDHARY
Premlata Devi W/o Late Binay Kumar Singh – Appellant
Versus
Parmanand Singh S/o Haridwar Singh – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. No one turns up on behalf of the respondent no. 1 inspite of repeated calls. Hence, this appeal is heard ex-parte against the respondent no. 1.
3. This miscellaneous appeal is directed against the judgment and award dated 28.02.2019 passed by the learned District Judge-cum-Motor Vehicles Accident Claims Tribunal, Hazaribagh in Motor Accident Claim Case No. 09 of 2014 by which the learned Tribunal under Section 166 of Motor Vehicle Act has awarded a compensation of Rs. 3,32,500/- to the claimants-appellants along with interest thereon at the rate of 6% per annum.
4. The brief facts of the case is that on 12.04.2013 when the deceased Binay Kumar Singh along with others was travelling in a Scorpio vehicle, the said vehicle was dashed by a Hywa vehicle as a result of which the deceased received severe injuries and died in course of his treatment. In connection with the said accident, an FIR has been registered bearing no. 29 of 2013 for the offences punishable under Sections 279/304A of Indian Penal Code.
5. In his written statement, the owner of the Scorpio vehicle challenged the maintainability of the claim petition on various te
The main legal point established in the judgment is that in case of composite negligence, the claimants are entitled to sue any one of the joint tort-feasors as the liability of the joint tort-feasor....
The judgment establishes the principle of joint and several liability in cases of composite negligence, and clarifies the inapplicability of compassionate appointment benefits in compensation claims.
Both drivers displayed composite negligence in an accident, attributing liability of 25:75, mandating enhanced compensation for the claimant.
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