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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Satpal Kaur – Appellant
Versus
Buta Singh – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. Present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation as well as the finding whereby contributory negligence of Harpreet Singh (hereinafter referred to as the 'deceased') was held to be 50% by the Motor Accident Claims Tribunal, Sangrur (hereinafter referred to as the 'Tribunal') vide award dated 15.07.2014.
2. The brief facts relevant to the present lis are that on 15.12.2012 the deceased - Harpreet Singh - alongwith Dharamjit Singh was going to Patiala in a Maruti Zen Car bearing registration No.PB-31-D-6131, which was being driven by the deceased and Dharamjit Singh was sitting as a passenger. They were being followed by Kirpal Singh and Rajvir Singh in their Jeep bearing registration No.PB-13-W-3200. At about 06.00 am, when they reached near bypass of village Nadampur towards Patiala, a truck bearing registration No.PB-13-V-9767 (hereinafter referred to as the 'offending vehicle'), owned by respondent Nos.1 and 2 and driven by respondent No.1, was parked in the middle of the road without any indicators or parking lights. On account of the darkness, the deceased could not notice the offending vehic
Contributory negligence must be proven with evidence; mere violation of safety regulations does not automatically imply negligence. Loss of consortium quantified at Rs.40,000/- for each claimant.
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.
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