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KAUSHAL JAYENDRA THAKER
Yogendra Nath Upadhya – Appellant
Versus
Sailesh Kr. Singh – Respondent
JUDGMENT :
KAUSHAL JAYENDRA THAKER, J.
1. Heard Sri A.K. Pandey, learned counsel for the appellants, Sri Sushil Kumar Mehrotra, learned counsel for respondent no. 2/New India Insurance Co. Ltd. and Sri Amresh Sinha, learned counsel for the respondent No. 4/United India Insurance Company.
2. This appeal, at the behest of the claimants, challenges the judgment and order dated 21.8.1995 passed by Motor Accident Claims Tribunal/5th-Additional District Judge, Ballia (hereinafter referred to as ‘Tribunal’) in M.A.C. No. 2 of 1991.
3. Brief facts as culled out from the record are that on 14.10.1990 at about 3:00 p.m. deceased Thakurji Upadhaya was returning from Ballia to his house in a jeep bearing no. B.H.N. 793, when the jeep reached near Hanuman Chatti at Ballia Sikandarpur marg, a Tractor bearing No. U.R.I. 732 hit the jeep from front. Accident occurred due to joint negligence of jeep and tractor drivers and as a result of which Thakurji Upadhaya died on the spot.
4. The deceased was 60 years of age at the time of accident. He was an agriculturist and was earning Rs. 2,000/- p.m. He w
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The main legal point established in the judgment is the application of principles related to negligence, composite negligence, and contributory negligence in motor accident claims, as well as the cal....
Point of Law : 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.
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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 court ruled that deductions from compensation were improper as the deceased had no role in the accident, emphasizing principles of composite negligence and reassessing income for claims.
The main legal point established in the judgment is the application of negligence, contributory negligence, and composite negligence in motor accident compensation cases, along with the calculation o....
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....
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