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Pawan Kumar Vs. M/s. Harkishan Dass Mohan Lal [29/01/14]

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[Civil Appeal No. 5906 of 2008]. The appellants were the claimants in the proceedings instituted for award of compensation under the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). They are aggrieved by the decision of the High Court of Punjab & Haryana at Chandigarh in F.A.O. Nos. 695, 407 and 408 of1995 dated 05.07.2006 by which, though their claim for compensation has been upheld, the liability to pay the same has been apportioned between the drivers/owners of the two vehicles involved in the motor accident. The appellants contend that as they were third parties to the claim, the High Court ought to have made the drivers/owners of the vehicles jointly and severally liable to pay compensation in view of their composite negligence instead of apportioning their liability by invoking the principle of contributory negligence. The brief facts that will be required to be noticed may now be setout: Deceased Yogesh (12 years) and Parshotam D. Gupta and injured Salochna were travelling in Jeep No.PB-03-6848 from Sirsa, Haryana to Vaishno Devi on 19.06.1993.

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