Back
ASHUTOSH KUMAR
Nand Kishore Sharma – Appellant
Versus
Geeta Ram – Respondent
| Table of Content |
|---|
| 1. application under motor vehicle act for compensation. (Para 1 , 2 , 3) |
| 2. assessment of contributory negligence and income. (Para 4 , 10 , 12) |
| 3. arguments regarding income calculation methods. (Para 5 , 11 , 13) |
| 4. multiplier application and total compensation determination. (Para 14 , 15 , 16 , 17) |
| 5. final judgment and ordered compensation. (Para 18) |
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 stan
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.
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
