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K. J. THAKER, SUBHASH CHAND
Master Pulkit Gupta – Appellant
Versus
Pushpendra Kumar – Respondent
JUDGMENT :
1. Heard Sri Nigamendra Shukla for the appellants, Sri Manish Kumar Nigam for Insurance Company and Sri Manviya Tripathi for the owner and driver of the Car.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 25.3.2015 passed by Motor Accident Claims Tribunal/Special Judge (EC Act) Ghaziabad, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.120 of 2014.
3. Brief facts as culled out from the record are that on 8.1.2014 the deceased along with her husband was travelling by motorcycle, bearing no.UP-16-AH-8708 and when they reached at U-turn near Radission, a Car bearing no.UP-14-BQ-0549 which was being driven rashly and at exorbitant speed dashed the motorcycle from behind due to which both the deceased and her husband suffered multiple injuries. The deceased succumbed to the injuries during treatment on 15.1.2014. The deceased was 32 years of age and was working as IT Analyst in Tata Consultancy Co.
4. The heirs of the deceased instituted a claim petition claiming compensation of Rs.3,20,50,000/-. The Tribunal has considered her income Rs.54,614/-per annum and awarded a sum of Rs.27,85,314/-with interest at the r
Point of law: When two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims tha....
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
In case all the joint tort feasors have been impleaded and evidence is sufficient, it is open to the court/tribunal to determine inter se extent of composite negligence of the drivers
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
Point of Law : Negligence - Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, g....
The main legal point established in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
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