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ASHUTOSH KUMAR
Nand Kishore Sharma – Appellant
Versus
Geeta Ram – Respondent
ORDER :
(Ashutosh Kumar, J.)
The present civil misc. appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicle Act, 1988 (for short, 'the Act of 1988'), against the judgment and award dated 16.01.2006 passed by the learned Additional District Judge (Fast Track) No.3, Tonk (hereinafter referred to as the 'Tribunal') in MAC Case No.920/2005, praying for enhancement of the compensation awarded by the learned Tribunal.
2. Brief facts of the case are that on 03.05.2004 at about 9 P.M. Shyam Babu, Vishnu Kumar and Manoj Kumar were standing on Kota-Jaipur National Highway near a petrol pump. At that time, the offending vehicle, a truck bearing no. RJ-14-1G-5764, came from Kota side in high speed. The driver of the truck was driving the truck negligently. The abovementioned persons who were standing on the road, tried to save themselves but since the truck was in high speed it ran them over. In the incident Vishnu Kumar died on the spot and Manoj sustained some injuries. On this, FIR No.75/2004 was registered and after investigation, a charge-sheet for the offences punishable under Sections 279 , 337, 338, 304A IPC and 134/187 of the Act of 1988 was presente
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
The main legal point established in the judgment is the application of negligence and contributory negligence principles, duty to exercise care, and statutory regulations for driving motor vehicles a....
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 court clarified the assessment of contributory negligence and determined the deceased's income for compensation calculation, enhancing the total compensation awarded to the claimants.
Death in motor accident – Contributory Negligence – On an allegation simpliciter, contributory negligence cannot be presumed.
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
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