SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(SC) 501

SANJAY KISHAN KAUL, AJAY RASTOGI, ANIRUDDHA BOSE
VED PRAKASH GOEL @ VED GOEL – Appellant
Versus
S. D. SINGH – Respondent


Advocates Appeared:
For Appellant(s) :Anant Agarwal, Sweta Rani, Advocates
For the Respondent(s):Akshay Girish Ringe, Megha Mukerjee, Parmanand Gaur, Ekansh Bansal, Advocates

ORDER

Leave granted.

2. We have heard learned counsel for the parties.

3. The manner in which incident occured shows that the deceased actually came on the wrong side of the single way as the other side of the way was closed. It is this, which has weighed in affixing 50% contributory negligence on the appellants.

3. In view of the aforesaid, we are not able to persuade ourselves to give the benefit of the entire compensation to the appellants.

4. We have examined the impugned judgment and all other perspective also and do not find any infirmity except two aspects:

    (a) the multiplier applied was 13 while as per the judgment in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, it should have been 18. This position cannot be disputed by learned counsel for the respondent. (b) The interest granted is of 6% which generally the interest being granted is of 9% including in a recent judgment in the case of Erudhaya Priya v. State Express Transport Corporation Ltd., 2020 0 Supreme(SC) 456 : [Civil Appeal Nos. 2811-2812/2020) decided on 27th July, 2020.

5. The aforesaid are the only two aspects on which the impugned judgment is liable to be modified and all other finding


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top