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ALKA SARIN
Manpreet Singh – Appellant
Versus
Suraj Bhan – Respondent
| Table of Content |
|---|
| 1. facts of the accident and initial compensation awarded. (Para 1 , 2) |
| 2. arguments regarding contributory negligence and adequacy of compensation. (Para 3 , 4) |
| 3. court's considerations for contributory negligence and evidence assessment. (Para 5 , 6) |
| 4. assessment of disability and its impact on claims. (Para 7) |
| 5. legal principle on compensation for future prospects. (Para 8) |
| 6. court's re-evaluation and increase in compensation. (Para 9 , 10 , 11) |
| 7. final decision on the appeal and modifications to the award. (Para 12 , 13) |
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the claimant-appellant against the impugned award dated 25.04.2013 passed by the Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as ‘the Tribunal’) whereby an amount of Rs. 12,64,300/- was awarded as compensation to the claimant-appellant.
2. Brief facts relevant to the present lis are that on 10.05.2010 the claimant-appellant was coming from village Chormar to Sirsa on his motorcycle at a moderate speed and on the left side of the road. One Rakesh Kumar and Amritpal Singh were also coming behind on their motorcycle bearing registration No.PB-30-E-2602 and when they rea
The court re-evaluated compensation for a motor accident, rejecting a finding of contributory negligence against the claimant and emphasizing the need for proper assessment of permanent disability an....
A heavy vehicle driver has a heightened duty of care; sudden braking without signaling constitutes primary negligence. A rear-end collision does not automatically imply contributory negligence by the....
The extent of disability and loss of future prospects should be considered in determining compensation for personal injuries in motor accident claims.
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