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JASPREET SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Shesh Kumar Yadav – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to injuries from a motor accident. (Para 2 , 4 , 5 , 6) |
| 2. arguments regarding negligence and compensation quantum. (Para 9 , 10 , 11 , 12) |
| 3. court's analysis on contributory negligence and compensation calculation. (Para 13 , 14 , 15 , 16 , 17 , 19 , 21 , 22 , 23 , 24) |
| 4. legal principles affirming the award based on evidence. (Para 25) |
| 5. dismissal of the appeal and affirmation of the tribunal's award. (Para 26 , 27 , 28) |
JUDGMENT
Jaspreet Singh, J.
Heard Shri Zafar Aziz, learned counsel for the appellant and Shri Ravindra Pratap Singh, learned counsel for the claimants-respondents No.1 and 2. None appeared for the respondents No.3 and 4, who are the owner and the driver of the vehicle concerned despite service on the respondents No.3 and 4 being sufficient as per the office report dated 25.05.2022.
2. The instant appeal has been preferred by the Insurance Company under section 173 of the MOTOR VEHICLES ACT , 1988 assailing the award dated 31.03.2021 passed by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No.227/2016, whereby in an injury case, a sum of Rs.14,24,800/- along with 6% interest has been awarded in favour of t
The need for evidence to support claims of contributory negligence and the consideration of factors such as employment and number of claimants in determining compensation.
The principle of restitutio in integrum mandates that compensation should restore the claimant to their pre-accident condition, considering future earning potential and disability.
The assessment of damages requires consideration of contributory negligence while ensuring compensation reflects the full extent of loss due to permanent disability.
The court clarified that the claimant was not at fault in the accident, emphasizing the auto rickshaw driver's negligence, and enhanced the compensation to Rs.1,42,000/-.
A lack of a valid driving licence does not imply contributory negligence unless it directly caused the accident; the awarded compensation was adjusted for functional disability and ongoing medical ne....
Appellant insurance company has not established that the rider of the motorcycle (insured vehicle) did not possess a valid driving license at the time of the accident
The presence of two pillion riders does not automatically imply contributory negligence in a motor accident claim unless evidence demonstrates a direct connection to the accident.
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