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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASBIR KAUR AND OTHERS – Appellant
Versus
RAM SINGH ETC. – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR. J.
1. The record of the present case was destroyed in a fire incident in the High Court Branch. Learned counsel for the appellants/claimants has placed on record the copies of the claim petition, written statement filed by respondent No.1, statement of one of the eye-witness, namely, PW4 Roop Chand and copy of the award, which are taken on record. Registry is directed to tag the same at an appropriate place on the record.
2. This appeal has been instituted against the Award dated 01.03.2002 for enhancement of compensation awarded in MACT case No.180 of 1997 decided by the Motor Accident Claims Tribunal, Patiala (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs.1,92,000 has been awarded as compensation to the claimants alongwith interest at the rate of 9% per annum from the date of filing of claim petition till realization on account of death of Jaswinder Singh in a motor vehicular accident which allegedly took place due to rash and negligent driving by respondent No.1 (owner-cum-driver) while driving the offending vehicle bearing No.MP-09-D-2465 (hereinafter referred to as ‘offending vehicle’), w
The court reiterated that contributory negligence cannot be established merely from the accident's circumstances without direct evidence, resulting in a revised compensation amount reflecting the dec....
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and personal expenses.
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