Back
GAURANG KANTH
Sushila Devi – Appellant
Versus
Sandeep Kumar (United India Insurance Co. Ltd. ) – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The present appeal emanates from the judgment dated 12.01.2015 (“Impugned Award”) passed by the learned Presiding Officer, Motor Accidents Claims Tribunal: Dwarka Courts: New Delhi in MACP No. 27/2013 titled as Smt. Sushila Devi and Ors. v. Sh. Sandeep Kumar and Ors. whereby the Petitioners/Claimants were awarded an amount of Rs.17,49,491/- as compensation with an interest @7.5% per annum, from the date of filing the petition, till realization is made by Respondent No.3/Insurance Company. Further a deduction of 20% was also made towards contributory negligence in the awarded amount. The Appellants by way of the present appeal are seeking enhancement of the compensation awarded by the learned Claims Tribunal.
FACTS GERMANE TO THE PRESENT APPEAL ARE HEREUNDER:
2. It is the case of the Appellants that on 22.07.2012, at around 8.10 PM, Sh. Subhash Chander (deceased) was driving a motorcycle bearing no. DL-9SJ- 5202 which collided with a DTC bus bearing no. DL-1P-B-5549 (“Offending Vehicle”). It is further the case of the Appellants that the offending veh
The main legal point established in the judgment is the determination of compensation in cases of negligence and contributory negligence under the Motor Vehicles Act, 1988, based on factors such as l....
![RASHMIBEN HITESH KACHADIA WO/O DECD. HITESH VALLABHAI KACHADIAV/sTHAPATUL BAHADUR JAMANSINH [DELETED] - 2026 Supreme(Online)(Guj) 17507](https://supremetoday-s3.b-cdn.net/Gujarat_2.png)
Negligence in motor accident cases is established primarily by evidence; contributory negligence must be substantiated. Enhanced compensation granted based on established income and future prospects ....
The court affirmed that contributory negligence must be supported by substantive evidence, and modified compensation reflects adherence to established legal principles.
Point of law: These provisions (sec.110A and sec.110B of Motor Act, 1988) are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fat....
The main legal point established in the judgment is the determination of contributory negligence and the calculation of just compensation under the Motor Vehicles Act, 1988.
The court applied the Uttar Pradesh Motor Vehicles Rules, 1998 to determine the compensation, including income, future prospects, and conventional heads, and upheld the interest and manner of payment....
The court reinforced that all allowances must be included in calculating income for compensation, and compassionate appointments should not affect future earnings claims under the Motor Vehicles Act.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
