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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Usha Tiwari – Appellant
Versus
Jagdamba Prasad Trivedi – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. Heard Sri R.K. Porwal, learned counsel for the appellant, Sri Satyam Jaiswal, learned Advocate, appearing for Sri A.C. Nigam, learned counsel for the respondent-National Insurance Company and perused the record.
2. This appeal, at the behest of the appellant-claimant, challenges the judgment and order dated 30.3.2001 passed by the Motor Accident Claims Tribunal/11th Additional District Judge, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C. No.333 of 1992 rejecting the claim petition which was preferred by the appellant-claimant.
3. The facts as culled out from the record are that on 21.8.1992 at about 5.20 p.m., driver of a bus bearing No. UP 78 V1259 drove the bus rashly and negligently and when he reached the place near Vijay Nagar Crossroad, the bus ran over Anand Tiwari who died instantaneously. The deceased was 27 years of age at the time of accident. The deceased was conductor of vehicle bearing No. UP77/1912 owned by Jasveer Singh and was earning Rs.2,000/-per month and Rs.8,000/- was his income by selling milk. The deceased left behind him his parents, younger brother, his widow and three children. He was the sole bread e
Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants.
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....
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....
Principle of contributory negligence has been discussed time and again. A person who either contributes or author of the accident would be liable for his contribution to the accident having taken pla....
The main legal point established in the judgment is the application of principles of negligence, contributory negligence, and the provisions of the Motor Vehicle Act, 1988, in determining the extent ....
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.
Concept of just and fair compensation is integral and seminal to MV Act – Tribunal is bestowed with duty to make endeavour to award just compensation regardless of amount claimed by claimant.
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
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