IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Surjit Kaur – Appellant
Versus
Bawarjeet Singh – Respondent
Judgment :
Yashvir Singh Rathor, J.
1. This appeal has been instituted against the Award dated 06.09.2000 for enhancement of compensation awarded in MACT case No.31 of 1999 decided by the Motor Accident Claims Tribunal, Bathinda (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs.1,30,000 has been awarded as compensation to the claimants on account of death of Jagjit Singh in a motor vehicular accident which allegedly took place due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle bearing No.PBA-4545 (hereinafter referred to as ‘offending vehicle’), which was insured with respondent No.3. It was further ordered that in case the respondents failed to make the payment within a period of two months, the claimants shall be held entitled to interest @12% per annum from the date of award till the date of realisation.
2. Case of the claimants is that on 08.04.1999 at about 08:30 AM, Jagjit Singh (since deceased), while driving Moped bearing registration No.PB-03C/9076, was going on the side of canal in the area of Village Poohli. His brother Malkiat Singh was following him on his scooter. I
Age of deceased should be basis for applying multiplier.
The court affirmed that contributory negligence must be supported by substantive evidence, and modified compensation reflects adherence to established legal principles.
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