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2014 Supreme(P&H) 1635

AJAY TEWARI
Purnima Thapa – Appellant
Versus
Mamta Kalra – Respondent


Advocates Appeared:
For the Appellant : Atul Yadav
For the Respondent: Ravinder Arora

JUDGMENT :

Ajay Tewari, J.

This appeal has been filed for enhancement of compensation. Brief facts are that on 23.9.2009 Balraj was going to Basai Enclave, Gurgaon on his Honda Activa bearing registration No. HR 26-AL 4499. His brother-in-law (sister's husband) was also following him on his motor cycle. They both were on the left hand side of the road. At about 6.30 p.m. when they were on the turning of Sid-eshwar School, a Maruti car bearing registration No. HR 26-K 7576 being driven by respondent No. 1 at a very high speed and in a rash and negligent manner came from opposite side and while coming on to the wrong side hit Honda Activa of Balraj as a result of which he fell down and received injuries. He was taken to General Hospital, Gurgaon but he succumbed to his injuries in the hospital. Claims Tribunal held it to be a case of contributory negligence and apportioned the negligence in the ratio of 50:50. His income was taken as Rs. 2,400 to which a cut of 50 per cent was applied and since the age of the deceased was 30 years and that of his parents was 50 and 52 years, multiplier of 11 was applied and compensation of Rs. 1,58,400 was assessed. Besides that, an amount of Rs. 10,00











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