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ALKA SARIN
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Rajbala – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
The present appeals have been filed by the Insurance Company as well as the claimant being FAO-1506-2008 and FAO-4938-2008 respectively, challenging the award dated 02.01.2008 passed by the Motor Accident Claims Tribunal, Kaithal (hereinafter referred to as the 'Tribunal').
2. The brief facts relevant to the present case are that the claimant, who is mother of Manoj Kumar, had filed a claim petition on account of death of Manoj Kumar (hereinafter referred to as the 'deceased') in a motor vehicular accident on 07.07.2006. It was averred in the claim petition that the deceased, along with Vikas and Ajay Kumar on one motorcycle and Naresh Pal and Sanjay Kumar on another motorcycle, went to their relation at Bilaspur and in the evening when they were returning on their respective motorcycles and had just crossed village Badhehri at about 05.30 pm, a bus bearing registration No.HR-58-8847 (hereinafter referred to as the 'offending vehicle') of Haryana Roadways Yamunanagar Depot came from Jagadhari side, which was being driven by Mohinder Singh (arrayed as respondent No.3 and respondent No.4 in both the appeals) in a rash and negligent manner and struck again
The court established that the proper deduction for a bachelor in compensation claims is 50%, and future prospects should be considered, leading to an enhanced compensation amount.
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
The court affirmed that compensation should account for future prospects with a 50% addition for a permanent employee and rejected claims of contributory negligence due to insufficient evidence.
The main legal point established in the judgment is the obligation of the insurer to initially pay compensation, the consideration of future prospects in compensation assessment, and the correct dedu....
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