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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Subhash Chander – Appellant
Versus
Sant Lal – Respondent
JUDGMENT :
HARKESH MANUJA, J.
CM-1198-CII-2019 & CM-1199-CII-2019
These are the applications seeking condonation of delay of 279 and 8 days in re-filing and filing the appeal.
Notice of the applications was issued vide order dated 22.07.2019.
Upon hearing the learned counsels for the parties and considering the averments made in the applications, which are duly supported by affidavits, the prayer is allowed as sufficient cause has been made out. As such, the delay of 279 and 8 days in re-filing and filing the present appeals are thus, hereby condoned.
MAIN CASE
1. By way of present appeal, challenge has been laid to an award dated 05.08.2017 passed by the learned Motor Accident Claims Tribunal, Rohtak (for brevity, “the Tribunal”), whereby a sum of Rs.4,45,000/- was awarded as compensation to the appellant/claimant along with interest @ 9% per annum from the date of institution of claim petition till its actual realization on account of death of Sukhbir, after holding that the deceased was contributory negligent to the extent of 50%. FACTS
2. A claim petition came to be filed before the learned Tribunal, praying for grant of compensation to the tune of Rs. 50,00,000/- (Rupees fifty lakhs o
A heavy vehicle driver has a heightened duty of care; sudden braking without signaling constitutes primary negligence. A rear-end collision does not automatically imply contributory negligence by the....
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
Point of law: These provisions (sec.110A and sec.110B of Motor Act, 1988) are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fat....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
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