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IN THE HIGH COURT OF ALLAHABAD
VIPIN CHANDRA DIXIT
New India Assurance Co. Ltd. – Appellant
Versus
Balak Ram – Respondent
JUDGMENT :
Vipin Chandra Dixit,J.
1. The First Appeal From Order No.2200 of 2015 has been filed by the appellant Insurance Company under Section 173 of MOTOR VEHICLES ACT against the judgment and award dated 1.5.2015 passed by Additional District Judge, Court No.16/Motor Accident Claims Tribunal, Meerut in M.A.C.P. No.694 of 2011 (Balak Ram and others Vs. Anil Kumar and others), by which compensation of Rs.1,72,000/- has been awarded in favour of claimants on account of death of Peetam aged about 25 years and the liability has been fixed upon the appellant Insurance Company being insurer of bus.
2. The First Appeal From Order No.1870 of 2015 has been filed on behalf of claimants-appellants for enhancement of compensation against the same impugned judgment and award dated 1.5.2015 passed by Additional District Judge, Court No.16/Motor Accident Claims Tribunal, Meerut in M.A.C.P. No.694 of 2011 (Balak Ram and others Vs. Anil Kumar and others).
3. Since both the appeals were filed against the same impugned judgment and award dated 1.5.2015, the same are being heard together and are being decided by a common judgment.
4. Heard Sri Anubhav Sinha, Advocate holding brief of Sri Amaresh Sinha
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
Concept of just and fair compensation is integral and seminal to MV Act – Tribunal is bestowed with duty to make endeavour to award just compensation regardless of amount claimed by claimant.
The court ruled that attributing contributory negligence to the deceased was unjustified and emphasized the principle of just and fair compensation under the Motor Vehicles Act.
The court emphasized the determination of negligence and the assessment of compensation under various heads, setting aside the finding of contributory negligence and enhancing the compensation.
The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine com....
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