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

1964 Supreme(Bom) 4

D.V.PATEL
Abdul Mohamad Agra and Anr. – Appellant
Versus
Peter Leo D Mello and Anr. – Respondent


JUDGMENT - (1) This appeal arises out of an application by the parents of a boy of six, by name Arthur Beter, for compensation on account of the death of that boy alleged to have been caused by the rash and negligent driving of opponent No.1.

(2) The learned Tribunal computed the claim on three heads :

(I) Rs. 250/- for pain and suffering (ii) Rs. 1000/- for loss of services and (iii) Rs. 5,200/- for loss of expectation of life, and rounded up the total by awarding Rs. 6,000/- with costs. The application was filed by the father and mother together. The opponent No.1 as also the Insurance Company have appealed.

(3) The first point that is raised before me is that the Tribunal had no jurisdiction to entertain the application. It arises under the following circumstances : The accident occurred at about 10-45 a.m. on 16th December 1958. The Tribunal was constituted on the 1st of December 1949 and the present application was made on the 14th of December 1959. It is argued that since the application was not made within 60 days and could not have been made within 60 days, the Tribunal had no jurisdiction to entertain the application. It is conceded that if the accident had occurred within 60




















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