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1983 Supreme(P&H) 421

S.S.SODHI
Jupiter General Ins. Co. Ltd. – Appellant
Versus
Balkishan – Respondent


Judgment

S.S.Sodhi, J.

1. Amar Nath Sachdeva, who had a newspaper stall at the bus stand Zira was run over by truck No. PNB 2560 while going across the road to hand over a bundle of newspapers to the driver of the bus going to Talwandi Bhai. This happened on July 7, 1973 at about 9 a.m. He died later at night at the hospital at Amritsar, where he had been taken after the accident.

2. It is in respect of this accident that the Tribunal awarded a sum of Rs. 50,000/- as compensation to the claimants, who are the two minor sons of the deceased, Balkishan and Yudhvir.

3. The contention raised in appeal was that the accident had occurred entirely due to the fault of the deceased himself, as he had proceeded to cross the road without caring to see whether or not it was safe to do so. In the alternative, it was argued that this was a case of contributory negligence and despite a finding to this fact no reduction in compensation has been made on account thereof. The legality of the award of Rs. 5,000/- as compensation for loss of love and affection was also questioned.

4. A reading of the award of the Tribunal would show that while dealing with the issue of negligence, it had been held that










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