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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Santosh – Appellant
Versus
Satyaveer – Respondent
JUDGMENT :
Deepak Gupta, J.
Claimants of MACT Case No. 61 of 2007 have approached this Court by way of present appeal against the order dated 15.09.2008 passed by learned Motor Accident Claims Tribunal Jhajjar, whereby their claim petition under Section 166 of the Motor Vehicle Act, has been dismissed by the Tribunal.
2. Trial Court record was called. Same has been perused. To avoid confusion, partes shall be referred as per their status before the Tribunal.
3. As per the pleaded case of the claimants, on 4.11.2006, Dharampal (since deceased) was going to village Fatehpuri from Jhajjar riding his motor cycle No. HR-14B-329. At about 5.00 PM, as he reached near Vidya Gas Agency, Kosli Road Jhajjar, a bus bearing registration No.DL-1PA-1203 came from the opposite direction, being driven by its driver in a rash and negligent manner and hit the motor cycle of Dharampal, as a result of which he sustained multiple injuries and died at the spot. Surender son of Ram Chander resident of Surihati reached in the meantime to the spot as he was coming from the side of Jhajjar. He noted the registration number of the offending bus and had witnessed the accident. It was pleaded further by the claiman
The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
The main legal point established in the judgment is the interpretation and application of contributory negligence and compensation calculation guidelines under the Motor Vehicles Act, 1988.
The court affirmed that determining compensation in fatal accident cases must consider income, age, and prospects of the deceased, allowing enhanced claims through structured multipliers.
The court clarified that liability in motor vehicle accident claims must be assessed considering preponderance of probabilities without assumptions of inebriation and that compensation should reflect....
Kerala Motor Vehicle Rules, 1989, defines the term ‘legal representative’ as “Legal Representative” means a person who in law is entitled to inherit the estate of the deceased if he had left any esta....
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