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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR
Pepsu Road Transport Corporation, Through Its Managing Director – Appellant
Versus
Magan Lal @ Tigor, S/o. Sh. Mangi Lal – Respondent
| Table of Content |
|---|
| 1. accident details and compensation awarded. (Para 3 , 4 , 10) |
| 2. arguments against liability and negligence. (Para 5 , 6 , 7 , 11 , 12) |
| 3. decision on appeal and guidelines for compensation. (Para 8 , 14) |
| 4. court's evaluation of negligence and liability. (Para 9 , 13) |
JUDGMENT :
VINIT KUMAR MATHUR, J.
S.B. Civil Misc. Appeal No. 490/2001:-
1. Heard learned counsel for the appellant-Pepsu Road Transport Corporation.
2. Nobody is present on behalf of the respondent/claimant- Magan Lal.
3. The present appeal has been filed by the appellant- Pepsu Road Transport Corporation against the judgment and award dated 05.01.2001 passed by the learned Motor Accident Claims Tribunal, Bikaner (for short ‘learned Tribunal’) in M.A.C.T. Case No.41/1997, whereby, the learned tribunal while allowing the claim application filed by the claimant- Magan Lal held the appellant-Pepsu Road Transport Corporation liable to pay 50% of the awarded amount.
4. Briefly noted the facts in the present appeal is that the respondent/claimant- Magan Lal while driving on his moped (bike) met with an accident on 23.12.1995 with a bus bearing registration No.PB 11/C 9570 belonging to the appellant- Pepsu Road Tra
Court upheld the principle of contributory negligence, confirming both parties were liable in an accident, and instructed re-computation of compensation per relevant guidelines.
The main legal point established in the judgment is the determination of liability in a motor vehicle accident case based on the correct side of the road for driving and the application of factors fo....
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....
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