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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Iffco Tokio General Insurance Company Ltd. – Appellant
Versus
Rohit Yadav – Respondent
JUDGMENT :
Archana Puri, J.
1. These are two appeals i.e. FAOs-5323 and 5324-2017, filed at the instance of appellant-Iffco Tokio General Insurance Company Ltd., to assail the Award dated 02.01.2017 passed by learned Motor Accident Claims Tribunal, vide which, the compensation was granted on account of deaths of Bijender Singh and Indrawati, in a motor vehicular accident.
2. In the aforesaid appeals, cross objections, i.e. XOBJC-176-CII-2018 and XOBJC-258-CII-2018, have also been filed by the claimants, thereby, seeking enhancement of the compensation.
3. The facts germane, to be noticed, are as follows:-
That, on 10/11.06.2015, the claimants along with their parents Bijender Singh and Indrawati, besides various other persons, were coming by Tata Safari bearing registration No.HR-26BY-0474 after visiting Vrindavan. One truck bearing registration No.RJ-02GA-9254, driven by respondent No.1-Ram Avtar, in a rash and negligent manner, which was going ahead of them, all of a sudden, had applied the brakes of the truck, while coming on wrong side, as a result whereof, the Tata Safari got entangled in the same and was badly damaged. Bijender Singh and Indrawati had suffered fatal injuries, whe
The main legal point established in the judgment is the correct assessment of income and entitlement to compensation for the deceased's legal representatives, including children, based on relevant le....
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
Re-marriage does not extinguish a widow's right to compensation in fatal accidents; dependency includes emotional factors beyond financial support.
Re-marriage of a widow does not negate her entitlement to compensation for loss due to her husband's death, as dependency includes emotional aspects beyond financial support.
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