RADHA RANI Vs. MOHAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are aggrieved by an order dated 16 th August, 2018 passed by the High Court of Punjab and Haryana at Chandigarh whereby the appeal preferred by the appellants against the order dated 15 th February, 2006 passed by the Motor Accident Claims Tribunal(For short 'the Tribunal' ), in a petition for claim under Sec. 166 of the Motor Vehicle Act(For short 'the MV Act') was modified and compensation under certain heads was enhanced. As a result, against the awarded sum of Rs.5,00,000.00 (Rupees five lakhs only) with interest held to be payable by the respondents jointly and severally, the High Court has awarded a sum of Rs.8,00,864.00 (Rupees eight lakhs eight hundred sixty four only) with interest in favour of the appellants.

(3.) The primary ground for challenging the impugned order is that both the courts below have attributed contributory negligence to the deceased and observed that though the offending truck was parked on the road without any warning signs, the deceased could have avoided the accident and further it appeared that the speed of the car was extremely high due to which the accident took place on the car of the deceased hitting the stationary truck.