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ALLAHABAD HIGH COURT
Not Mentioned, Not Mentioned
Krishna Pyare Gupta and Others v. U.P. State Bridge Corpn. Ltd. and Another
| Table of Content |
|---|
| 1. introduction and facts surrounding the compensation claim. (Para 1 , 2) |
| 2. arguments regarding income assessment and liability. (Para 3 , 4 , 5) |
| 3. understanding of negligence and contributory negligence. (Para 6 , 7 , 8) |
| 4. definition of negligence and the legal implications. (Para 9 , 10) |
| 5. conclusions on liability and the necessary adjustments in compensation. (Para 11 , 12) |
1. Heard learned counsel for the appellants and learned counsel for the respondent insurance company.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 7.5.2004 passed by Motor Accidents Claims Tribunal / Additional District & Sessions Judge, Room No. 14, Kanpur Nagar (hereinafter referred to as 'the Tribunal') in MACP No. 642 of 2001 awarding a sum of Rs. 8,88,608 with interest at the rate of 6 per cent as compensation.
3. The accident is not in dispute. The respondents have not challenged the liability imposed on them. It is submitted by learned counsel for the appellants that the Tribunal has deducted 30 per cent of the award which is bad as the deceased was not the author or the co - author of the accident having taken place as he was not plying the veh
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