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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Sunita – Appellant
Versus
Tinku – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been preferred against the award dated 05.08.2024 passed in the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Jind (for short, ‘the Tribunal’) for enhancement of compensation granted to the claimants to the tune of Rs.8,53,500/- (i.e half of Rs.17,06,000/- on account of contributory negligence of the deceased) along with interest @ 9% per annum, on account of death of Ram Niwas in a Motor Vehicular Accident, occurred on 14.10.2022 as well as making appellant liable for contributory negligence.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that Ram Niwas (since deceased) was employed as a Mechanic Operator with Laxmi Enterprises, situated near Police Post, Hansi Road, Jind. On 14.10.2022 at about 09:00 PM, he was proceeding to his workplace to perform night shift duty on his motorcycle bearing registration No. HR-08V-8740. His nephew, Sunil Kumar, was also travelling with him and alighted from the motorcycle at Hansi Flyover, Patiala Chowk, Jind. Thereafter, when Ram Niwas was ascending the flyover, a truck bearing registration No. HR-45C-4160 (
In motor accident claims, the standard of proof is the preponderance of probability. Income assessment should rely on the latest statutory tax returns, and compensation must include the value of mana....
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