MANVENDRA PAL SINGH Vs. MOHD. SABIR

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 04.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.17,50,000/- was awarded in favour of legal representatives of the deceased Lalitaksh Singh Lakra, who died in a motor vehicle accident which occurred on 03.09.2009.

(2.) MAC APP.2/2012 wherein the Claimants are seeking enhancement of the compensation was listed for today, whereas MAC APP.227/2012 filed by the Insurance Company for reduction of the compensation and for setting aside the impugned award on the ground that there was no negligence on the part of the insured vehicle or in any case, there was contributory negligence on the part of the deceased was listed for 10.09.2012.

(3.) IT was admitted by PW-1 Manvendra Pal Singh in his cross-examination that he was not an eye witness to the accident. Thus, the manner of accident stated by PW-1 was only hearsay evidence. ,,Negligence is failure to take proper care, a reasonable man would have