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2018 Supreme(P&H) 2818

ANIL KSHETARPAL
IFFCO TOKIO General Insurance Co. Ltd. – Appellant
Versus
Vidhu Sharma – Respondent


Advocates Appeared:Mr. Yogesh Gupta, Advocate for the appellant.
Mr. Ashwani Arora, Advocate for respondent No.1/cross-objector.

JUDGMENT

Mr. Anil Kshetarpal, J. (Oral) - Vide this judgment, appeal filed by the Insurance Company and cross-objections (XOBJC-228-CII-2017) filed by the claimant shall stand disposed of.

2. An interesting issue arises for consideration whether while assessing the compensation a tort-feasor can be granted benefit of his own wrong?

3. Late Smt. Veena Kumari wife of Tarsem Chand Sharma had died in a motor vehicular accident which took place on 15.08.2016. She was a pillion rider on a two-wheeler (scooter) driven by her son-respondent No.1 in the appeal. Learned Motor Accident Claims Tribunal has recorded a finding that respondent No.1, her son had caused the accident, although, this aspect has been disputed by learned counsel for the Insurance Company. However, this Court does not find any reason to interfere with the aforesaid finding which is based upon appreciation of evidence available on the record and not established to be erroneous.

4. Scooter (two-wheeler) was owned by Tarsem Chand Sharma, her husband who is respondent No.3. In other words, the deceased







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