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NUPUR BHATI
Chairman, Rajasthan State road Transport Corporation, Chomu House, Jaipur (Raj. ) – Appellant
Versus
Rasida W/o late Shri Anardeen – Respondent
JUDGMENT :
1. These misc. appeals have been filed by the appellant-Rajasthan State Road Transport Corporation (‘Corporation’) under Section 173 of the M.V. Act, 1988 assailing the judgment and award dated 27.03.2009 passed by learned Judge, Motor Accident Claims Tribunal, Parbatsar (‘Tribunal’) in MAC Cases No.73/2006, 28/2006, 71/2006, 36/2006 and 72/2006, whereby the learned Tribunal partly allowed the claim petitions filed by the respondents/claimants and awarded compensation in favour of respective respondents/claimants along with interest @ 6% p.a. from the date of filing the claim petitions.
2. Learned counsel appearing for the appellant Corporation submits that service upon driver/non-claimant No.1 of offending Bus may be dispensed with at the risk and peril of the Corporation.
3. Ordered accordingly.
4. Briefly stated, the facts of the case are that the respondents/ claimants filed claim petitions claiming compensation on account of death of Anardeen and Imran and for the injuries suffered by Abid Ahmed and Saddam (who subsequently died) in the accident, which took place on 02.11.2005. In the claim petitions, it was inter-alia stated that on 02.11.2005, Anardeen (deceased) alon
The court affirmed the principles of negligence and contributory negligence in motor vehicle accident claims, validating the compensation awarded by the Tribunal.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
The judgment reinforces the principle that claimants must provide sufficient evidence to establish negligence and income for compensation under the Motor Vehicle Act.
The court upheld the Tribunal's decision, affirming that the driver was solely negligent, and the deceased, being a minor, bore no responsibility for the accident.
Kerala Motor Vehicle Rules, 1989, defines the term ‘legal representative’ as “Legal Representative” means a person who in law is entitled to inherit the estate of the deceased if he had left any esta....
The court upheld the Tribunal's decision attributing sole negligence to the bus driver for the accident resulting in the minor's death, dismissing claims of contributory negligence.
The court held that the personal expenses deduction should be 1/4th for five dependants and reassessed the income of the deceased to Rs.10,250/- p.m. based on prevailing norms.
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