Anvari & ORS v. Iqbal Singh & ORS






 

  
   

FAO-373-2016  ANVARI AND ORS.

......Appellants Vs.

IQBAL SINGH AND ORS.

......Respondents

Reserved on: 24.04.2026

Pronounced on: 27.04.2026 


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 The present appeal has been preferred against the award dated  %& %' passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short '1988 Act'), by the learned Motor Accident Claims Tribunal, Chandigarh (in short 'the Tribunal') for enhancement of compensation, granted to the appellants/claimants to the tune of Rs.

&('%&%/- on account of death of deceased Rahamdeen in a Motor Vehicular Accident, occurred on 02.04.2015.

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) . !  appellants-claimants contends that the compensation granted to the claimants is on the lower side and deserves to be enhanced. He, therefore, prays that the present appeal be allowed. 4.

Per contra, learned counsel for respondent No.3-Insurance Company contends as under:- i.

That learned Tribunal has erred in holding that accident occurred due to rash and negligent driving of respondent No.8-driver of offending vehicle;

ii.

That the accident in fact occurred due to contributory negligence of both vehicle.

iii.

That eye witness of the accident stated that he took the deceased to the hospital, however, name of eye witness was not mentioned in the post mortem report.

iv.

That income of deceased was taken on higher side. And submits that the Tribunal has erred in assessing the monthly income of the deceased at Rs.10,200/- by placing reliance upon the wage notification issued by the Deputy Commissioner, Kurukshetra, applicable to skilled labour instead of adopting the minimum wages for skilled labour in the State of Haryana.

v.

That learned Tribunal has erred in taking the age of deceased from post mortem report. And that  ,+! 

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   5.

He further points out that the respondents-claimants have already filed a separate appeal, being FAO-8471-2015, titled as "Oriental Insurance Company Ltd. Vs. Anvari and others" challenging the award of learned Tribunal, therefore, he prays that present appeal be dismissed.

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 (  # !      FAO-8471-2015, titled as "Oriental Insurance Company Ltd. Vs. Anvari and others"  +# ! " #

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