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AMARJOT BHATTI
Reliance General Insurance Company Limited – Appellant
Versus
Sunil – Respondent
JUDGMENT :
AMARJOT BHATTI, J.
1. The appellant – Reliance General Insurance Company Ltd. in FAO-1814-2014 has filed the present appeal for setting aside the impugned award dated 23.12.2013 passed by learned Motor Accident Claims Tribunal, Jhajjar, whereas, the appellants/claimants – Smt. Sunil and her minor children namely Sonal (daughter), Sawan (son), Neetu (daughter), Rohit (son) and Neha (daughter) (through their mother being guardian) in FAO-3061-2017 have filed the present appeal alongwith Civil Misc. No. 10129-CII-2017 under Section 5 of Limitation Act for modification and enhancement of compensation amount of Rs. 20,95,776/- alongwith interest awarded by the Tribunal as detailed therein. Both these appeals have arisen out of the same award dated 23.12.2013, therefore, the appeals are taken up together for disposal.
2. The facts of the case are that Smt. Sunil widow of Dharmender and her minor children claimants No. 2 to 6 through their mother Smt. Sunil being their guardian filed the present claim petition under Section 166 of Motor Vehicles Act, 1988 for grant of compensation on account of death of her husband in a Motor vehicular accident which took place on 02.12.2010. Dhar
The court established that negligence in vehicular accidents must be clearly evidenced, and contributory negligence must be carefully assessed to determine liability and compensation.
The main legal point established in the judgment is the court's authority to uphold the findings of the lower tribunal and grant enhanced compensation based on the evidence presented.
Compensation awarded for death in a motor vehicle accident is justified based on established negligence, despite insufficient documentary proof of earnings, applying minimum wage standards.
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
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