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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
New India Assurance Company Ltd. – Appellant
Versus
Parvati – Respondent
JUDGMENT :
Archana Puri, J.
These are two appeals i.e. FAOs-4119 and 4120-2013, filed at the instance of appellant-New India Assurance Company Ltd., insurer of Innova car bearing registration No.CH-02AA-1666, to assail the Award dated 22.04.2013 passed by learned Motor Accident Claims Tribunal, vide which, the compensation was granted on account of deaths of Manoj Singh and Dalel Kumar, in a motor vehicular accident.
2. In the aforesaid appeals, cross objections, i.e. XOBJC-9-CII-2014 and XOBJC-35-2023, have also been filed, thereby, seeking enhancement of the compensation.
3. The facts germane, to be noticed, are as follows:-
4. That, on that 20.08.2011, at about 2.30 pm., Manoj Singh along with his friend Dalel Kumar, while in Innova car bearing registration No.CH-02AA-1666, driven by its driver Sukhdev Singh, was coming to Chandigarh. When the car reached near Zirakpur, another vehicle came from the opposite side and Innova car struck the said vehicle, it being driven, in a rash and negligent manner and thereafter, went towards Ambala road, after crossing divider of the road. The aforesaid car turned turtle. Manoj Singh and Dalel Kumar suffered extensive injuries on vital parts, whic
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
Motor Vehicles Act is a benevolent piece of legislation. Certain guiding principles have evolved over years which form bedrock for evaluating evidence and determining compensation under Motor Vehicle....
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