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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Randhir Singh – Appellant
Versus
Ramesh Devi – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. The matter is being taken up post lunch session.
2. This appeal is directed against the award dated 25.04.2000 passed by learned Motor Accident Claims Tribunal, Gurgaon in MACT Petition No. 43 of 13.03.1993 titled Ramesh Devi and others Vs. Randhir Singh and another filed under Section 166 of Motor Vehicle Act, 1988 for grant of compensation on account of death of deceased- Vinod Kumar in a motor vehicular accident which took place on 17.02.1999 on account of rash and negligent driving on the part of respondent No.1 while driving offending tractor bearing No.HR-26-F-2868 owned by respondent No.2.
3. Case of the claimants is that on 17.02.1999, Vinod Kumar (since deceased) along with his brother Rajbir was going from their house to their workshop on a scooter. At about 04:30/05:00 PM, they reached Tauru Road near Government High School, Bilaspur Khurb. The scooter was being driven on the left side of the road and in the meanwhile offending tractor bearing No.HR-26-F- 2868 being driven by respondent No.1 at a fast speed and in a rash and negligent manner came from the opposite side and hit the scooter after coming to the wrong side of the road. As a
Failure to wear a helmet does not constitute contributory negligence unless evidence indicates it directly caused the accident.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
In a claim petition under The Motor Vehicles Act, the claimant is not required to prove the negligence of the offending vehicle beyond reasonable doubt, but on the basis of preponderance of probabili....
The assessment of compensation in motor accident claims must consider contributory negligence and actual earning capacity of the deceased.
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