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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Bajaj Allianz General Insurance Co. Ltd. v. Anita Devi and Others
| Table of Content |
|---|
| 1. claim filed for compensation after driver’s fatal accident. (Para 1 , 2 , 3 , 4) |
| 2. appellant contests compensation claim based on alleged driver's negligence. (Para 6 , 11 , 18) |
| 3. court evaluates evidence highlighting sudden brake failure and lack of negligence. (Para 10 , 14 , 16) |
| 4. insurance liability confirmed despite absence of proven negligence in the accident. (Para 20 , 21 , 25) |
| 5. court partially modifies compensation based on established earnings and accident circumstances. (Para 31) |
1. This appeal has been filed by the appellant insurance company under S.173 of the Motor Vehicles Act, 1988 against the award dated 30.9.2010 passed by the Additional Motor Accidents Claims Tribunal, Katghora, Distt. Kobra (in short 'the Tribunal'), in Claim Case No. 19 of 2009, whereby liability to pay the amount of compensation has been fastened upon appellant insurance company, jointly and severally, along with owner, respondent No. 6.
2. Brief facts of the case, as per averments made in the claim petition, are that Pramod Kumar was the employee of owner, respondent No. 6. On the fateful day, i.e., 12.9.2008 at about 1 a.m. in the night while Pramod Kumar after unloading co
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