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NUPUR BHATI
Kailash Kunwar W/o Jabber Singh – Appellant
Versus
Nawal Singh S/o Lal Singh Rajput – Respondent
JUDGMENT :
1. The instant misc. appeal, seeking enhancement and setting aside the finding with respect to contributory negligence, has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988(hereinafter as ‘the Act’) against the judgment and award dated 05.12.2016 passed by MACT, Rajsamand in MACT Case no. 65/2016.
2. Briefly stated, facts of the case are that on 19.10.2015 Mr. Jabbar Singh(hereinafter as ‘the deceased’), was going from Gomti to Kelwa(i.e., N.H.-8, which is a four lane road) on the motorcycle bearing registration no. RJ30 SH 9217(hereinafter as)and as he reached(from North to South direction) near Devpura Cut on N.H.-8, one Nawal Singh (hereinafter as ‘Respondent No. 1/rider’), came, on the motorcycle bearing registration no. RJ30 SL 0252(hereinafter as ‘the offending vehicle’), from the direction of intersection (which goes to village Devpura), and while trying to cross the road(From East to West direction) dashed into the deceased’s motorcycle. As a result of the accident the deceased died during the course of treatment. On the written complaint of one Nirbhay Singh(a worker at Chouhan Filling Station, Miyari) the FIR no. 174/20
Contributory negligence must be proven by the party alleging it, and findings cannot rely solely on site plans without corroborative evidence.
The court established that the burden of proof in negligence claims is on the claimants, requiring only a preponderance of probability to establish liability.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The court established that contributory negligence can significantly affect compensation in motor accident claims, particularly when claimants fail to take reasonable care.
Negligence in parking leads to liability; contributory negligence must be proven. Compensation for loss of dependency must factor in future prospects, resulting in a higher award.
Contributory negligence must be specifically pleaded, and failure to substantiate claims of shared liability can invalidate reductions in compensation awarded.
The court upheld the Tribunal's finding of no contributory negligence, affirming the insurer's burden to prove negligence and validating the awarded interest rate.
Point of law: Section 110A and Section 110B of Motor Act, 1988 are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fatal Accident....
The main legal point established in the judgment is the application of principles of negligence and contributory negligence in motor accident cases, along with the determination of compensation for f....
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