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Scooty rammed in rear side of water tanker – Contributory Negligence

August 16, 2023 legaldeli

Important Judgment of the High Court of Bombay

In an accident of 21.3.2014, the scooty of the deceased while travelling from Hadapsar rammed into the left rear wheel of the water tanker of PMC when the tanker driver had suddenly applied the brakes. Due to serious injuries she died in the hospital.

The deceased was IT professional having bright future. The husband and minor son filed petition for compensation of Rs.1 crore.

The Tribunal held that the deceased had contributed to the accident to the extent of 25% since the scooty hit the tanker on its rear side. After deducting 25% of the compensation, the amount of Rs.71,07,348/- was awarded to the claimants.

PMC filed the appeal in the High Court mainly on the ground of 100% negligence of the deceased contributed to the accident.

HELD, on consideration of the police papers and the evidence on record as also absence of any evidence to show wrongful act of deceased, it cannot be said that the victim had contributed to the incident.

Although the claimants did not file appeal or cross-objection or cross- claim against the award of the Tribunal, the High Court directed the Tribunal to re-computer the compensation after deleting 25% from the compensation awarded to the claimants.

Judgment dated 21.7.2023 of the High Court of Bombay (uploaded on the website on 16.8.2023)

First Appeal No.490 of 2021 – Pune Municipal Corporation Vs. Surmilan Singh Soibam and others.

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