High Court raps judge in accident claim case - Mandi Gobindgarh News

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Wednesday, April 10, 2019

High Court raps judge in accident claim case

High Court raps judge in accident claim case

Saurabh Malik

Tribune News Service

Chandigarh, April 9

The Punjab and Haryana High Court has rapped a district judge in an accident claim case after dubbing his order as “shocking”.

Justice Rekha Mittal of the High Court asserted that it was surprising, rather shocking, that the Motor Accident Claims Tribunal headed by a district judge had fastened the liability to pay compensation only against the drivers of two vehicles involved in the occurrence.

Justice Mittal added that the judge did not assign any reason why the owner and insurer of the vehicles were not held liable to pay compensation, even though both vehicles were duly insured with New India Assurance Company Ltd and Bajaj Allianz General Insurance Company Ltd.

“The owner and insurance companies of both vehicles would also be jointly and severally liable to pay compensation in the ratio 75:25 ascertained by the Tribunal,” Justice Mittal added.

The developments took place on a petition filed by Radha RanI and another appellant. They were, among other things, seeking enhancement of compensation awarded by the Tribunal following death of their kin Kapil Dev in an accident on December 23, 2014.

The claimants had averred that the victim was a student of BA (first year). He was earning as much as Rs 15,000 per month through tuitions. Justice Mittal added that they, however, did not place on record any documents on the victim’s educational qualification. They also did not examine any witness to prove that the victim was taking tuitions, much less earning Rs 15,000 per month.

During the course of hearing, counsel for the appellants produced copies of matriculation examination certificate issued by Punjab School Education Board in 2012 and Senior Secondary Examination Certificate dated May 18, 2013. Justice Mittal added that its perusal made it evident that he passed XII class examination in March, 2013.

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