Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET KAUR JEEWAN
National Insurance Company Ltd. – Appellant
Versus
Ram Rati – Respondent
JUDGMENT :
Harpreet Kaur Jeewan , J. (Oral)
1. The present appeal has been filed by the Insurance Company against the Award dated 24.08.2013, passed by the Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as "the Tribunal").
2. Misc. application bearing No.CM-2709-CII-2024 has been filed by the Cross-objector/claimants for condonation of 223 days' delay in filing the accompanying cross-objections, whereby prayer has been made for enhancement of compensation.
3. The appeal filed by the Insurance Company and the CM application filed by the claimant/cross-objectors are arising out of the same Award, as such, both shall be decided together by this common order.
4. The factual matrix in brief is as under:-
4.1 The claimants filed claim petition seeking compensation regarding the death of Pala Ram in a roadside accident which occurred on 10.02.2011. Pala Ram (since deceased) was travelling on a motorcycle bearing registration No.HR-99FL(T) 6778 along with two pillion riders, namely, Satbir Singh and Raj Kumar. On way, a car bearing registration No. AS-25-1074 struck against the motorcycle. The accident is alleged to have taken place due to rash and negligent driving of the ca
The court affirmed the principle of contributory negligence and the computation of compensation based on notional income, emphasizing the lack of documentary evidence for the deceased's income.
The court upheld the Tribunal's finding of no contributory negligence, affirming the insurer's burden to prove negligence and validating the awarded interest rate.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
