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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (@ SLP(C) NO.30434/2019)
SUNITA W/O GAJANAN SHINDE & ORS. APPELLANT(S)
VERSUS
THE NEW INDIA ASSURANCE COMPANY LTD & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Aggrieved by the High Court’s reversal of the judgment
rendered by the Motor Accident Claims Tribunal, by setting
aside the award of compensation, the present appeal has been
filed.
3. The appellants are the claimants seeking compensation. Being
the dependents of the deceased, they approached the Claims
Tribunal. The Claims Tribunal after finding that it is a case
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of composite negligence wherein both, the rider of the motor
cycle in which the deceased was travelling as a pillion rider,
and the driver of the truck that struck the motor cycle from
the back, were responsible for the accident, was pleased to
award a compensation of Rs.8,08,000/-, including No Fault
Liability amount, severally and jointly payable by the
respondents herein, along with interest at the rate of 7.5%
from the date of the application till the realization of the
amount. On appeal, the High Court was pleased to reverse it on
the ground that the motor cycle was being ridden on the left
side of the road, and rash and negligent riding of the same
has not been proven by the claimants. Rather, it was the sole
negligence on the part of t...