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K. J. THAKER
U. P. State Road Transport Corporation – Appellant
Versus
Jagdamba Singh – Respondent
JUDGMENT :
1. By way of this appeal, the appellants has challenged the judgment and order dated 11.4.1997 passed by Motor Accident Claims Tribunal/VIIth Additional District Judge, Azamgarh (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 13 of 1995 (Jagdamba Singh and another Vs. Shobhnath and others) awarding a sum of Rs.11,22,000/-as compensation to the claimants/respondents with interest at the rate of 12% per annum from the date of filing the claim petition.
2. Heard earned counsel for the appellants and learned counsel for the respondents. Perused the record and judgment.
3. The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under Motor Vehicles Act, 1988 for the death of Kamlesh Kumar Singh in a road accident with the averments that on 13.10.1994 at about 8:25 AM, Kamlesh Kumar Singh-deceased was going on motorcycle bearing no. Uttar Pradesh 50 6160 from Azamgarh to Sarfadeenpur Industrial Estate, when he reached Narauli Taxi Stand, a bus bearing no. Uttar Pradesh 65 C 5015 came from behind the motorcycle of the deceased, which was being driven very rashly and negligently by its
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.
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 application of principles related to negligence, composite negligence, and contributory negligence in motor accident claims, as well as the cal....
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.
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....
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: 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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