The High Court of Punjab & Haryana dismissed the appellant's petition for modification. Upholding the Tribunal's finding of contributory negligence due to the minor driver's violation of the Motor Vehicles Act, the Court refused to enhance the compensation awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
F.A.O. NO.267 of 1996
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
F.A.O. NO.267 of 1996 DATE OF DECISION: 09.03.2010
Virender Singh
...Appellant
VS.
Dharambir Singh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE MOHINDER PAL
PRESENT: None.
MOHINDER PAL, J.(Oral)
This is a petition for modification of the judgment dated 25.05.1995 vide which the appellant has been awarded compensation of Rs.20,000/- under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by holding him guilty of contributory negligence.
The brief facts of this case are that on 01.01.1994, appellant Virender Singh, aged 16 years, student of 10+1 class was returning in a jeep from Mahendergarh where he had gone to take tuition at Village Jarwa. At about 3.15 P.M., the jeep was going up-hill in the area of village Madhogarh. At the same time, the offending truck No.DEG 1986 driven by respondent Dharambir in a rash and negligent manner came from the opposite direction and hit the right side of the jeep, as a result of which, the
F.A.O. NO.267 of 1996
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petitioner suffered injuries on his right hand, right leg and right side of his face. He had fallen down from the jeep on the ground. He was taken to the Civil Hospital, Mahendergarh and treated. The jeep was also damaged in the accident.
The Tribunal awarded an award of Rs.40,000/- for damage of the jeep as it was held to be a case of contributory negligence. The petitioner was awarded compensation of Rs.20,000/-. As No compensation on account of injuries received by the petitioner has been awarded in this case, he approached this Court by way of the present appeal.
A perusal of the facts of this case shows that the appellant was aged around 16 years at the relevant time and was a student of 10+1 class. The minimum age required for the issuance of driving licence is 18 years. The petitioner was seemed to be driving the jeep in violation of the provisions contained in the Act. I am of the considered opinion that the Tribunal has rightly held this case to be a case of contributory negligence. Resultantly, no ground is made out for enhancement of the compensation awarded by the Tribunal in this case. The petition stands dismissed.
March 09, 2010 ( MOHINDER PAL ) jt JUDGE
2 issues framed by the court
Whether the Tribunal erred in holding the case as one of contributory negligence given the minor status of the driver.
Whether the compensation awarded to the appellant should be enhanced.
1 provisions across 1 enactments
Virender Singh
Dharambir Singh
MOHINDER PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
