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

2022 Supreme(All) 384

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Kamini Singh – Appellant
Versus
Raj Kumar Pandey – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Singh, Gaurav Singh
For the Respondent: Ajay Singh, Shashi Kant Rai

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Ashok Kumar Singh, learned counsel for the appellant, Sri Ajay Singh, learned counsel for the respondent-Insurance Company and Sri Shashi Kant Rai, learned counsel for owner and driver of the offending vehicle.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 30.1.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Gorakhpur (hereinafter referred to as 'Tribunal') in Claim Petition No. 626 of 2013 awarding a sum of Rs.27,12,928/- as compensation with interest at the rate of 7% per annum.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The Tribunal has held that it is proved that vehicle was insured and there was no breach of policy and Insurance Company has accepted the findings as far as their liability is concerned. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place on 10.10.2013. The deceased was 30 years of age, he was a Teacher in Bitaha Primary School a

      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