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2023 Supreme(P&H) 1527

ARCHANA PURI
SBI General Insurance Company Limited – Appellant
Versus
Manjit Kaur – Respondent


Advocates appeared:
For the Parties : Mr. Suman Jain, Mr. Simranjit Singh, Mr. A.S. Natt

Table of Content
1. motor vehicle accident compensation awarded (Para 1 , 2)
2. details of the accident and parties' responsibilities (Para 5 , 6)
3. arguments on contributory negligence (Para 8 , 9 , 10 , 11 , 12)
4. contributory negligence and accident analysis (Para 13 , 14 , 15 , 16)
5. assessment of deceased's earnings and compensation (Para 17 , 18)
6. compensation breakdown and adjustments (Para 19 , 21)
7. final adjustments to compensation awarded (Para 22 , 23 , 24)
8. conclusion on appeals (Para 25)

Judgment

Mrs. Archana Puri, J.

Challenge in the twin appeals is to the Award dated 27.09.2017 passed by learned Motor Accident Claims Tribunal, whereby, compensation was granted to the claimants-appellants, on account of death of Harjinder Singh @ Gollu, in a motor vehicular accident.

2. On appraisal of the evidence brought on record, vide impugned Award, compensation was granted to the claimants-appellants, to the extent of Rs.19,57,000/- together with the interest component. Even, the liability of the respondents (in the claim petition) was held to be joint and several.

3. Feeling aggrieved with the findings recorded by learned Tribunal, qua the fact of accident and manner of its taking

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