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by sayum
25 August 2026 12:32 PM
In this case, husband of the 1st appellant was travelling, dashed against a lorry that was going in front, when the driver of the lorry allegedly stopped it suddenly without any signal or indicator. The victim suffered serious injuries and died on the spot. On the issue relating to the cause of the accident, the Tribunal concluded as per police records that the lorry into which the car collided, had been parked without putting any indicator or signal on NH4. But at the same time the Tribunal concluded, based on the final report filed by the police against the drivers of the lorry as well as the car, that the driver of the car was also equally negligent. Therefore, the Tribunal first held that the accident occurred due to the contributory negligence on the part of the drivers of both vehicles and fixed 50% as the factor of contribution. Since the Tribunal held the driver of the car equally negligent contributing to the accident, the Tribunal divided the aforesaid amount by two and awarded a compensation of Rs.16,72,800/. Aggrieved by the order Appellants approached the High Court but order of Tribunal was upheld by the High Court. Appellants approached the Apex Court. Appellants claim in the finding of contributory negligence is arbitrary and unjustified and (ii) that the Tribunal and High Court failed to consider the appellants' prospects considering the law laid down in. There was nothing on record to indicate that the driver of the car was not driving at moderate speed nor that he did not follow traffic rules. On the second question, the Tribunal merely allowed 10% as additional weightage, for the reason that the deceased had a bright future. Apex Court held that while determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects. Appeal Allowed.
October 06, 2021
SMT. K. ANUSHA & ORS. VERSUS REGIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO.LTD.
