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K. J. THAKER, AJAI TYAGI
Geeta Yadav – Appellant
Versus
Prem Roadways Registered – Respondent
JUDGMENT :
K.J. Thaker, J.
1. Heard Sri S.D. Yadav, learned counsel for the appellants-claimants and Sri Aditya Singh Parihar, learned Advocate appearing for Sri Rahul Sahai, learned counsel for the respondent-Insurance Company. None has appeared for the respondent-owner of the offending vehicle.
2. By way of this appeal, the appellants-claimants, have challenged the judgment and order dated 9.8.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.14, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C. No.299 of 2011 awarding compensation of Rs.3,69,500/-with interest at the rate of 6% simple interest till amount is deposited.
3. Brief facts as culled out from the record are that on 18.10.2009 at about 1.00 p.m. a bus bearing No.PB-3 H 9581 which was coming from Barnala side dashed the Motorcycle of the deceased bearing No.UP 71 E 2269 from behind. It has been averred that the bus was being driven by its driver rashly and negligently and even without blowing horn. The accident caused grievous injuries to deceased-Kaushal Kishore who has succumbed to the injuries in Military Hospital, Bhatinda Cantt.
4. Consequent upon the death of the dec
Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants.
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.
Point of law: The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after mak....
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....
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
It is settled law that at intersection where two roads cross each other, it is duty of a fast moving vehicle to slow down and if driver did not slow down at intersection, but continued to proceed at ....
The main legal point established in the judgment is the application of principles of negligence, contributory negligence, and composite negligence in determining liability and compensation in motor a....
Point of law: Section 110A and Section 110B of Motor Act, 1988 are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fatal Accident....
The court ruled that attributing contributory negligence to the deceased was unjustified and emphasized the principle of just and fair compensation under the Motor Vehicles Act.
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