SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(HP) 146

V.K.GUPTA
NARBADA – Appellant
Versus
RAJNI KANTA – Respondent


Advocates Appeared:
In FAO (MVA) No. 459 of 2000. Mr. J.L. Bhardwaj, Advocate, for the Appellants; Mr. B.S. Kanwar, Advocate, for the Respondent No. 2; Dr. Lalit Sharma, Advocate, for the Respondent No.3. In FAO (MVA) No. 77 of 1999. Mr. Romesh Verma, Advocate, for the Appellants; Mr. B.N. Sharma, Advocate, for the Respondents No.1 (a), 1(a): I, 1(a) :II, Kb) and 1(c); Mr. B.S. Kanwar, Advocate, for the Respondent No. 2; Dr. Lalit Sharma, Advocate, for the Respondent No: 3.

JUDGMENT

V.K. Gupta, C.J.—Both these connected appeals are being disposed of by this common judgment. A very short question of law has arisen for consideration in these appeals and its resolution depends upon the interpretation that would be given to Section 157 of the Motor Vehicles Act, 1988 (Act for short). The facts first. Two Claim petitions being MAC petition Nos. 62-NS/2 of 1994 and 63-NS/2 of 1994 were filed by the legal heirs of two deceased persons claiming compensation for the deaths of the said two deceased persons which resulted because of an accident occurring on May 7, 1994 on Dhararu Dhar road near Bangora, Tehsil Arki, District Solan in the State of Himachal Pradesh involving truck bearing No. HPA-1435. The following seven issues were framed by the Tribunal for adjudication:

1. Whether the death of Shri Nikku Ram and Shri Prem Chand has taken place in a motor - vehicle accident on 7.5.1994 caused by vehicle No. HPA-1435 being driven by Roop Ram deceased in a rash and negligent manner? OPP.

2. If issue No.1. is proved in affirmative, to what amount of compensation are the petitioners entitled to and from whom? OPP.

3. Whether the petition is bad for non-joinder of nece
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top