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SUDEEPTI SHARMA
Deepa – Appellant
Versus
Ram Rattan – Respondent
JUDGMENT :
(Sudeepti Sharma, J.) :
The present appeal has been preferred against the award dated 31.01.2006 passed by the learned Motor Accident Claims Tribunal, Ambala (for short, ‘the Tribunal’) whereby the claim of the appellants has been rejected and the claim petition filed by the appellants is dismissed.
2. The brief facts of the case as mentioned in the claim petition are that on 19.01.2004 Gopal Giri (deceased) along with Puran Chand had gone to Manav Chowk Ambala City for some work. After doing their work, they were returning to their houses from Manav Chowk on their respective bicycles by peddling the same on the correct left hand side of the road. Gopal Giri (deceased) was paddling his bicycle and was 20-25 yards ahead of the said Puran Chand. At about 10.00 PM when they reached near Railway bridge, opposite to New Anaj Mandi on the road leading to Manav Chowk to bus stand, in the meantime, a scooter bearing registration No. PB-11-U-0461 being driven rashly and negligently by respondent No.1 came from the opposite side and by going to the wrong side of the road hit his scooter against the bicycle of the deceased. As a result of the accident Gopal Giri (deceased) along wit
Accurate identification of the offending vehicle is essential in negligence claims to establish liability and entitlement to compensation.
A claimant can seek compensation under alternative provisions of the Motor Vehicles Act even if negligence is not proved.
Claimants in motor accident cases must prove their case through cogent and consistent evidence. Where contemporaneous documents contradict the claim petition and witness testimony is unreliable, the ....
The court established that the rider's negligence directly caused the accident leading to the deceased's death, warranting compensation under the Motor Vehicles Act.
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