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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Chander Shekhar – Appellant
Versus
Binder Singh – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 26.08.2016 passed by the learned Motor Accident Claims Tribunal, Sangrur in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Tribunal’) for enhancement of compensation granted to the claimant to the tune of Rs.1,70,000/-(rounded off) (i.e half of Rs.3,39,660/- on account of contributory negligence of the claimant) along with interest @ 7.5% per annum, on account of injuries suffered by him in a Motor Vehicular Accident, occurred on 26.08.2012 as well as making appellant liable for contributory negligence.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 26.08.2012, the claimant along with his friends Sunil Mittal, Sunny was going from Bhawanigarh to Sangrur on scooter. Sunny was driving the scooter on normal speed and on correct side. In the morning, at about 4.00 AM, when they reached near canal drain of village Ghabdan, lights of a vehicle, coming from opposite direction, reflected in the eyes of Sunny, as a result of which they could not see a Canter bearing registration No.RJ-18GA-0574 wrongly parked in the middle of the road by respo
Negligence in motor accident compensation cases may be established through credible witness testimony and pending criminal charges, overriding initial inadequacies in FIR details.
The court re-evaluated the compensation for injury based on realistic socio-economic conditions and established that compensation must adequately reflect the loss and suffering sustained by the claim....
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