Back
J. J. MUNIR
Bhagwandas – Appellant
Versus
Rammi Devi – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is an appeal by the driver and the owner, arising out of an award dated 22.02.2021 passed by Mr. Rakesh Dhar Dubey, Presiding Officer, Motor Accident Claims Tribunal, Pilibhit, allowing Motor Accident Claims Petition No.35 of 2016 and ordering payment of compensation to the claimant-respondents.
2. The facts giving rise to the motor accident claims are these:
On 13th November, 2015, according to the claimants, at about 5:00 o'clock in the evening, the deceased Prem Chand, along with his wife, Rammi Devi, was proceeding on bicycle from his in-laws' place, located in Dehgala, to Village Jagpura in the District of Pilibhit. Following him on a bicycle was his younger brother Bheemsen. Suddenly, a tempo bearing Registration No.UP-26T-0479 appeared from the opposite direction. It was driven at a high speed and negligently by its driver, Bhagwandas. The tempo hit the deceased's bicycle head on. The collision caused the deceased Prem Chand and Rammi Devi to sustain grievous injuries. The accident was witnessed by the deceased's brother and other natives of the village, to name a few, Ram Charan and Puttu Lal. The deceased's condition being serious, he was refe
Owner of the offending vehicle, particularly, that is not insured, or even one that is insured, is not permitted to raise fanciful doubts about the involvement of a motor vehicle that has apparently ....
The central legal point established in the judgment is the requirement for claimants to provide reliable evidence proving the involvement of the vehicle in a motor accident claim under the Motor Vehi....
In motor accident claim petitions, the claimant bears the burden of proving the involvement of the specific offending vehicle. Where evidence is contradictory, lacks credibility, or suggests collusio....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
