Back
J. C. DOSHI
Gujarat Road Transport Corporation – Appellant
Versus
Hemlata Shitalbhai Salat – Respondent
JUDGMENT :
Being aggrieved and dissatisfied with the judgment and award dated 17-10-2022 passed by the M.A.C.T. (Aux.) cum 5th Addl. Dist. And Sessions Judge, Bharuch in M.A.C.P. No. 496 of 2016, the appellant – GSRTC has preferred this appeal under Section 173 of the MV Act.
2. The short facts of the case are that on the said fateful day, the deceased was sitting as pillion rider on a motorcycle bearing registration No.GJ-16-BD-3276 (in short “Motorcycle”) driven at a moderate speed by his friend Rohan, and while they were going from Kondh to G.I.D.C., Anleshwar, for their job, at that time, opponent no.01 herein, while driving S.T. Bus bearing registration no.GJ-18-Y-7708 (in short “S.T. Bus”) at a very high speed, in a rash and negligent manner, came on the wrong side and also lost control over the steering of said S.T. Bus, due to which the said S.T. Bus dashed with the motorcycle resulting into sustaining of serious injuries by deceased along with the driver of motorcycle, followed with their death.
3. Thereafter, the claim petition was filed by the claimants seeking compensation of Rs.25,00,000/- from the opponents and the tribunal concerned after full-fledged trial and consider
Passengers are not vicariously liable for a driver's negligence; compensation cannot be reduced based on the driver's fault in a composite negligence scenario.
The main legal point established in the judgment is the application of principles for deciding negligence and contributory negligence in motor accident claims, as well as the computation of compensat....
The main legal point established is the application of the concept of composite negligence in determining liability for compensation in road accidents.
The judgment reinforces the principle that drivers must exercise due care and the burden of proof lies on the party alleging negligence.
The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine com....
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
