This appeal challenges an award granting compensation for a fatal motor accident. The appellant contested contributory negligence and the quantum of income assessment. The court dismissed the appeal, upholding the Tribunal's findings.
The appeal was dismissed; the Tribunal's award stands.
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.
131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-2701-2024 (O&M) Date of Decision: October 04, 2024
Shri Ram General Insurance Company Ltd. … Appellant
Versus
Sunita Rani and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Rajbir Singh, Advocate for the appellant. DEEPAK GUPTA, J.(Oral)
Insurance Company is in this appeal against the Award dated 04.12.2023 passed by the Motor Accident Claims Tribunal, Chandigarh (hereina)er referred as ‘the Tribunal’) whereby compensa-on of �26,96,040/- has been allowed to the claimants (respondent Nos.1 to 6 herein) on account of death of Pardeep Kumar, the husband of claimant No.1, father of claimant Nos.2 to 4 and son of claimants Nos.5 and 6. The said motor vehicular accident was caused on 26.05.2020 allegedly due to rash and negligent driving of the canter No.HR-67A-5267. The claim pe--on was filed against the driver, owner and insurer of the said offending canter.
Sarita Rani 2024.10.07 03:35 I attest to the accuracy of this document/order
FAO-2701-2024 (O&M) - 2 - FAO-2701-2024 (O&M)
not no-ce the sta-onary canter and hit his motorcycle from the rear side of the canter. As a result of this collision, Pardeep Kumar fell on the road, sustained mul-ple injuries, resul-ng in his death.
In view of the aforesaid discussion, this Court does not find any merit in this appeal. As such, the same is hereby dismissed.
October 04, 2024 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2024.10.07 03:35 I attest to the accuracy of this document/order
2 issues framed by the court
Whether the Tribunal erred in finding contributory negligence absent on the part of the deceased driver.
Whether the assessment of the deceased's income as a skilled driver was legally correct.
Shri Ram General Insurance Company Ltd.
Sunita Rani and others
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
