Rina Sinha vs Ramkesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJNISH BHATNAGAR
Rina Sinha – Appellant
Versus
Ramkesh – Respondent

Table of Content
1. appellants filed appeal after claim petition dismissal. (Para 1 , 2)
2. tribunal framed issues based on parties' pleadings. (Para 3 , 4 , 5)
3. appellants presented documentary evidence. (Para 6 , 7 , 8)
4. negligence must be proven for compensation claims. (Para 9 , 10)
5. testimony of eyewitness questioned and found unreliable. (Para 11 , 12 , 13)
6. appeal dismissed, impugned award upheld. (Para 14)

JUDGMENT

Rajnish Bhatnagar, J.

1. The present appeal under section 173 of the Motor Vehicle Act 1988 has been filed by the appellants against the Impugned Award dated 21.07.2018 passed by the Ld. Tribunal whereby the Ld. Tribunal has dismissed the claim petition.

2. In brief, the facts of the case are that on 13.10.2015, deceased Gaurav Kumar Sinha was travelling in the offending vehicle bearing No. DL 1 YE 1480 and was returning from Pilkhuwa to Ghaziabad. At about 7:00 AM, the offending vehicle reached in front of Pehalwan Hotel, Masuri, U.P. and due to rash and negligent driving on the part of the driver of the offending vehicle, the accident took place in which Gaurav Kumar Sinha received fatal injuries and subsequently died.

3. Thereafter, the appellants prefe

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DELHI HIGH COURTRAJNISH BHATNAGARRina Sinha – AppellantVersusRamkesh – Respondent

DELHI HIGH COURT
RAJNISH BHATNAGAR
Rina Sinha – Appellant
Versus
Ramkesh – Respondent