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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Renu – Appellant
Versus
Kapil – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been filed by the appellant-claimant against the award dated 10.08.2016 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Rohtak (for short, 'the Tribunal'), wherein the claim petition filed by the claimants-appellants was allowed and respondent No.3-Insurance company was made liable to pay compensation. The award is challenged on the ground that contributory negligence was wrongly attributed on the deceased-Shiv Shankar as well as quantum of compensation is on the lower side.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that deceased Shiv Shankar was employed as Assistant Lineman in the department of Uttar Haryana Bijli Vitran Nigam (UHBVNL) and was posted at Power House, Lakhan Majra. He had also retired from Army. On 6.12.2015 the deceased was going towards village Lakhan Majra from village Nindana on his motorcycle bearing registration No.HR-15A/2376 to attend his duty. At about 6.30/7.00 p.m. when he crossed village Bainsi and reached before canal bridge his motor-cycle rammed into a stationary tractor bearing registration No.HR-15A/7753 (herei
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
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