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Minakshi Srivastava – Appellant
Versus
Dheeraj Pandey – Respondent
JUDGMENT :
1. Heard Sri Shashi Prakash Rai, learned counsel for the appellants, Sri Bajarang Bahadur Singh, learned counsel for the owner-respondent no.1. None present on behalf of driver-respondent no.2 and insurance company-respondent no.3.
2. By way of this appeal the appellants have felt aggrieved by the order passed by Claims Tribunal, whereby the Claims tribunal dismissed the claim petition being M.A.C.P. No. 21 of 2015.
3. Brief facts of the case culled out from the record are that, on 23.11.2014 at about 6.30 p.m. when the deceased was plying his Hero Honda motorcycle bearing No. U.P. 63 L/0421 and was going from Pathkhura to his house at that time near Paramhans Ashram respondent no.2 drove Minibus bearing No. U.P. 65 R/9955 and rashly and negligently dashed with the motorcycle and the deceased came under the bus and his motorcycle was also damaged. The people around him called 108 ambulance and he was sent to Rajgarh Community Centre but as he was serious he was sent to Sadar Hospital, Mirzapur, there also he was not treated but he was sent to Popular Hospital, Varanasi
Principle of contributory negligence has been discussed time and again. A person who either contributes or author of the accident would be liable for his contribution to the accident having taken pla....
The main legal point established in the judgment is the determination of contributory negligence in a motor vehicle accident and the computation of compensation under the Motor Vehicle Act, 1988.
The main legal point established in the judgment is the application of legal principles related to motor accident claim petitions, including the burden of proof, assessment of negligence, calculation....
Claimants in motor vehicle accident cases must meet the burden of proof on a preponderance of probabilities, and strict evidence rules do not apply, allowing the invocation of the res ipsa loquitur p....
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 main legal point established in the judgment is the evaluation of compensation in motor accident claims, including the burden of proof for contributory negligence and the principles for assessing....
The main legal point established in the judgment is the application of the principle of res ipsa loquitur in cases where it may not be possible for the claimant to discharge the burden of proving neg....
The main legal point established is the requirement to prove rashness and negligence in claims under Section 165 of the Motor Vehicles Act, and the applicability of res ipsa loquitur in determining n....
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