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2025 Supreme(Jhk) 514

IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Sabina Khatoon wife of Noor Mohammad – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. P.C. Sinha, Advocate
For the Respondents:Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

Claimants are in appeal for enhancement of compensation awarded under Sections 166 and 171 of the Motor Vehicle Act in M.V. Claim Case No.22 of 2011.

2. Finding of facts recorded by the learned trial Court regarding death of Md. Uddin Ansari in motor vehicle accident involving truck bearing registration no.HR 37A 6178 which was being driven by him and dashed against the standing truck on 22.02.2011, is not in dispute.

3. The appeal has been filed mainly on the ground that the monthly income of the deceased was Rs.10,000/-, but the learned Tribunal has accepted Rs.4000/- as his monthly income.

4. Further, it is contended that stationary truck was parked on the road which resulted in the accident and therefore, deduction of 50% of the compensation amount as contributory negligence was not just and proper.

5. It is also argued that no compensation has been awarded under the head of loss of earning and future prospect and meagre amount has been allowed so far conventional heads are concerned. It is submitted by the learned counsel on behalf of appellants that apart from the oral evidence in support of income of Rs.10,000/- per month, salary certificate i

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