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

2022 Supreme(Raj) 152

BIRENDRA KUMAR
Manoj Kumar S/o Jagnaram – Appellant
Versus
Deendayal S/o Trilokaram – Respondent


Advocate Appeared:
For the Appellant :Akshat Choudhary, Advocate.
For the Respondents:Rishipal Agarwal and Mukesh Bijarnia, Advocates.

JUDGMENT :

BIRENDRA KUMAR, J.

1. The claimants are not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal, Sikar, in Accident Claim Case No. 56/14 (Transferred Case No. 60/2016). By the impugned award dated 05.07.2017, the learned Tribunal awarded Rs. 5,00,000/- (Rupees Five Lacs only) compensation along with interest of 8% from the date of presentation of the application for death of Gaurav Kumar aged about 10 years in Motor Vehicle Accident. The appellants are parents of Gaurav Kumar. They claim Rs. 80,25000/- as compensation.

2. The proved facts of this case is that on 08.11.2013 victim Gaurav Kumar was standing on the roadside along with his Bicycle. At the same time a rash and negligent Mini Bus bearing registration No. RJ 23PA 2644 dashed against Gurav Kumar causing his instant death and smashed his Bicycle. After investigation of Police case registered for the accident, the police found that the driver of the vehicle was negligent. It is not disputed that the vehicle was insured with respondent No. 3-Bharti Axa General Insurance Company Limited for the relevant period.

3. The insurer had contested the claim case on the ground of contributory

    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