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2013 Supreme(P&H) 506

K.Kannan
Subhash Chand – Appellant
Versus
Satya Rani – Respondent


Advocates:
For the Appellants in FAO No.2412 of 1996,
For the Petitioners in CR No.4426 of 1999:Mr. C.B. Goel, Advocate and Mr. Nitin Jain, Advocate.
Mr. Suvir Dewan, Advocate for United India Insurance Company.
For the Appellants in FAO No.2617 of 1996:Mr. Neeraj Khanna, Advocate for Mr. Deepak Suri, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral):- All the appeals arise out of the same accident that resulted in death of a scooterist. The appeal in FAO No.2617 of 1996 is for enhancement of compensation for the death of the scooterist, aged 29 years, where the claimants were widow, two minor children and mother. The Court had assessed the compensation at Rs. 1,15,200/-. The owner is in appeal in FAO No.2412 of 1996 on a plea that the award is wrongly passed against the owner and the liability must have been fastened only on the insurer. The contention was that the accident was a result of deceased himself ramming into a stationary tractor and there was no proof of negligence. Consequently, there is no cause of action for prosecuting the claim. In any event, the driver had a valid driving licence and the Tribunal was in error in relying on an evidence that the endorsement of licence was made subsequent to the accident. The contention of the owner was that even a Clerk, who was examined from DTO’s office, did not place any document and merely spoke about the alleged endorsement to drive a scooter as having been made subsequent to the accident. The counsel would place reliance on the document fi









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