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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Harpal Kaur – Appellant
Versus
Abhey Kumar – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. The aforesaid two appeals have been instituted against the Award dated 03.12.1998 passed by the Motor Accident Claims Tribunal, Sangrur (for short “Tribunal”) in petitions under Section 166 of the Motor Vehicles Act, 1988, filed by the claimants seeking compensation on account of the death of Paramjit Singh.
2. FAO-1041-1999 has been instituted by the wife, minor children, and parents of the deceased, Paramjit Singh, seeking enhancement of the compensation amount and challenging the finding of contributory negligence attributed to the deceased.
3. The second appeal bearing FAO-900-1999, has been instituted by the owner and driver of the offending truck namely Abhay Kumar and Sikander Singh, challenging the award and exoneration of the Insurance Company from its liability to indemnify the insured.
4. Case of the claimants is that on 19.05.1997, Paramjit Singh, since deceased was driving car No. JKR-3445 of his employer from Malerkotla towards Ludhiana at 9:30 A.M. One Suresh Kumar Jain and Harsh Chaudhary were also travelling in the car along with him. At 10:00 AM, when the car reached near the turn of village Phalewal, the deceased attempted to ov
The judgment establishes the necessity of proving negligence in motor accident claims and outlines the structured method for calculating compensation based on established legal principles.
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