IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR

Misc. Appeal (C) No. /2013

Appellants Smt Leela Korram and Others

Versus

Respondent Chaman Kumar Sahu and Others

Written Submissions on behalf of Appellants

The Appellants most respectfully submit the following written arguments in support of
contentions, submissions and facts already placed and submitted on the records and the oral
arguments so adduced –

Details of offending Vehicle- Truck , bearing Registration no. CG 17 H 0951

1) That the Learned Claims Tribunal erred in holding the contributory negligence of the
Deceased (Sunder ram Korram) and reducing 50% from the award amount. No evidence
with regard to negligence on the part of deceased was led before the tribunal and only on
the assumption that the deceased had hit the offending vehicle when it was in a stationary
position , the tribunal has reduced the claim amount
In that regard the observations made by Hon’ble Supreme court in Archit Saini vs
Oriental Insurance Company Ltd. [AIR 2018 SC 1143] may kindly be referred –
8.