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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Nani, W/o. Late Sav Ji Meena – Appellant
Versus
Ghanshyam, S/o. Moti Lal Paliwal – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeals arise out of the same judgment/Award dated 16.05.2018 passed by the Motor Accident Claims Tribunal No.2, Udaipur in MAC Case No.91/2018 (CIS No.977/2017) whereby a claim of Rs.32,17,500/- was awarded in the favour of the appellants-claimants.
2. S.B. Civil Misc. Appeal No.2256/2018 has been preferred by the claimants for enhancement of the compensation amount and S.B. Civil Misc. Appeal No.2646/2018 has been preferred by the Insurance Company with a prayer to quash and set aside the impugned judgment/Award.
3. Brief facts as pleaded in the claim petition are that on 17.09.2017, while Savji Meena was travelling towards his home from Barapal on his motorcycle, a bus bearing registration No. RJ- 30-PA-2723 coming from Ahmedabad, being driven in a rash and negligent manner, hit the motorcycle due to which Savji sustained grievous injuries and unfortunately, succumbed to the injuries. An FIR was lodged pertaining to the said accident at Police Station Goverdhan Vilas, District Udaipur.
The offending vehicle, on the date of accident, was insured with the Oriental Insurance Company Limited.
4. The learned Tribunal after framing the issues, eval
The court determined that the deceased was not contributorily negligent and adjusted compensation based on accurate assessment of income and age, affirming the need for proper evidence in negligence ....
Contributory negligence must be established through evidence of an overt act; mere alcohol consumption does not suffice to prove negligence in the context of a motor vehicle accident.
The court ruled that attributing contributory negligence to the deceased was unjustified and emphasized the principle of just and fair compensation under the Motor Vehicles Act.
The court emphasized the determination of negligence and the assessment of compensation under various heads, setting aside the finding of contributory negligence and enhancing the compensation.
The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine com....
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 interpretation and application of contributory negligence and compensation calculation guidelines under the Motor Vehicles Act, 1988.
Concept of just and fair compensation is integral and seminal to MV Act – Tribunal is bestowed with duty to make endeavour to award just compensation regardless of amount claimed by claimant.
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....
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