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HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK MAHRA
Mahrunisha Alias Babbo – Appellant
Versus
Deep Chandra – Respondent
| Table of Content |
|---|
| 1. appeals from tribunal award in fatal accident claim. (Para 1 , 2) |
| 2. owner denies negligence; insurer denies liability for invalid documents. (Para 3 , 4) |
| 3. tribunal finds rash driving, awards compensation, absolves insurer. (Para 5 , 6 , 7) |
| 4. owner claims insurance; insurer seeks remand; claimants want enhancement. (Para 8 , 9 , 10) |
| 5. insurance coverage and documents inadequately appreciated by tribunal. (Para 11) |
| 6. remanded for fresh adjudication on liability and quantum. (Para 12 , 13 , 14 , 15) |
Judgment :
Alok Mahra, J.
These two appeals from order, namely A.O. No. 261 of 2022 and A.O. No. 241 of 2023, arise out of the common judgment and award dated 11.04.2022 passed by the learned Motor Accident Claims Tribunal/1st Additional District Judge, Udham Singh Nagar in M.A.C.P. No. 275 of 2019. The Appeal from Order No. 261 of 2022 has been preferred by the claimants seeking enhancement of compensation, as the learned Tribunal has awarded a sum of Rs. 7,18,000/- only, which according to the claimants is inadequate. /-. A.O. No. 241 of 2023 has been filed by the owner of the offending bus, challenging not only the judgment and award dated 11.04.2022 but also the order
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Claimants must prove vehicle involvement by preponderance of probability; eyewitness recantation and absent registration number absolve corporation of liability.
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