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CHHATTISGARH HIGH COURT
Judge, J
Shabnam Kausar Bano and Others v. T. Agrajan and Others
| Table of Content |
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| 1. details of the accident and initial tribunal findings. (Para 1 , 2 , 5) |
| 2. appellants argue against tribunal's findings and seek increase in compensation. (Para 6 , 9 , 10) |
| 3. court's decision on contributory negligence and necessary evidential standards. (Para 11 , 12 , 16) |
| 4. final recalculation of compensation awarded. (Para 20 , 21) |
1. The appellants - claimants have challenged the impugned award dated 10.5.2013 passed by Sixth Additional Motor Accidents Claims Tribunal, Durg, C.G. in Claim Case No. 42 of 2013, wherein learned Claims Tribunal allowed the claim application in part and awarded a total sum of Rs. 8,71,250 as compensation in a death case along with interest at the rate of 6 per cent per annum from the date of filing of claim application till its realization after deducting 50 per cent of the amount towards contributory negligence.
2. Facts of the case relevant for disposal of this appeal are that on 11.2.2011 when Mohammad Riyaju (now deceased) was travelling on his motor cycle bearing registration No. CG 07 - F 3329 and going towards Jama Masjid, Durg. When he was going across the railway overbridge of Dhamdha, at that relevant time, one truck (borin
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