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“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.
“The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”
The Calcutta High Court deleted the name of one of the claimants who had passed away, and condoned the delay in filing the appeal.
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning
“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”
Punjab and Haryana High Court: Ritu Bahri, J. allowed the petition and modified the award according to the prevalent rate in accordance