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2022 Supreme(P&H) 949

ALKA SARIN
Kotak Mahindra General Insurance Company Limited – Appellant
Versus
Smt. Urmila Devi @ Urmila Negi – Respondent


Advocates:
Mr. Rajbir Singh, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. (Oral) - This is an appeal by the Insurance Company challenging the award dated 12.10.2021 passed by the Motor Accident Claims Tribunal, Chandigarh.

2. Learned counsel for the appellant-Insurance Company would contend that the accident took place due to the fault of the deceased and that the driver of the offending vehicle was not at fault. The learned counsel has further relied upon the testimony of the driver RW1-Ravinder Kumar Dogra as well as the testimony of PW2-Amit Dhawan to contend that from a conjoint reading of their statements it was clear that the deceased was at fault. Learned counsel for the appellant-Insurance Company has further contended that the income of the deceased has also wrongly been assessed by the Tribunal in as much as no official from the Income-Tax Department was produced to prove the income-tax returns.

3. Heard.

4. The brief facts relevant to the present lis are that on 13.06.2019 at about 4.00 pm the deceased Paramjit Singh @ Paramjit Negi was going on the road leading from Patiala Chowk, Zirakpur to Aero City, Mohali via Village Chhat Traffic Light Point on an Activa Scooter bearing registration no.HR03-L-2710 at a slow speed an

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