Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Gurbachan Kaur (Since Deceased) Through Lrs – Appellant
Versus
Ajit Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The present appeal has been preferred by the claimant-appellant assailing the award dated 17.07.1991 passed by the learned Motor Accident Claims Tribunal, Ferozpur, whereby the claim petition filed by the appellant for grant of compensation on account of death of Ram Singh alias Ram Nath suffered in a motor vehicle accident came to be dismissed.
BACKGROUND FACTS
2. The brief facts of the case are that on 07.05.1989, Ram Singh alias Ram Nath was travelling in Punjab Roadways Bus No. PJG-1616 from Ganganagar to Pathankot. The said bus was driven by respondent No.1 Ajit Singh, was owned by Punjab Roadways, Ferozepur Depot. At about 10:30 a.m., when the bus reached near village Jiwan Arian, it collided with a tractorcombine harvester coming from the opposite direction. As a result of the impact, the bus turned turtle and caught fire. Ram Singh sustained grievous burn injuries and was first taken to Guru Gobind Singh Medical College, Faridkot, and thereafter to C.M.C. Hospital, Ludhiana, where he succumbed to his injuries on 15.05.1989. The claimants, namely Smt. Gurbachan Kaur (widow) and Smt. Kulwant Kaur (daughter), filed a petition under Section 110-A of
In motor accident death claim, negligence upheld via rear-end collision absent driver testimony; compensation affirmed using documented salary, age-based multiplier 16, personal expenses deduction, a....
The main legal point established in the judgment is the application of the standard of preponderance of probabilities to determine negligence in Motor Accident Compensation cases, and the distinction....
The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine com....
The appellate court must ensure just compensation is awarded, overriding findings of contributory negligence unless clearly evidenced otherwise, affirming courts' obligation to award fair compensatio....
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
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
