Jabriel Khan vs Hari Shanker Misra - 2023 Supreme(All) 2182

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2182

JASPREET SINGH
Jabriel Khan – Appellant
Versus
Hari Shanker Misra – Respondent

Advocates appeared:
For the Appellant : S.K.Mehrotra.
For the Respondent: A K Verma, Ashok Kumar Mishra.

JUDGMENT

Jaspreet Singh, J.

Heard learned counsel for the appellants.

2. The instant appeal has been preferred under Section 110-D of the MOTOR VEHICLES ACT , 1939 assailing the award dated 20.11.1991 wherein in a death case the Tribunal has awarded a sum of Rs.24,200/- alongwith 9% interest from the date of the claim application till the date of this recovery.

3. Before adverting to the submissions of the learned counsel for the appellants, it will be relevant to notice a brief resume of facts giving rise to the instant appeal.

4. Claim petition bearing No.62 of 1988 was filed by the original claimant-respondents against Jabriel Khan and Mohd. Khalid Khan the driver and the owner of the offending vehicle in question. As per the averments made in the claim petition, it was stated that on 08.05.1988 the father of the claimant-respondents, namely, Ambika Dutt Mishra was riding on his bicycle, however, a tractor bearing number URI/3694 was being driven rashly and negligently by the appellant no.1, as a result he hit the bicycle of Ambika Dutt who was crushed under the tractor. He received grievous injuries and the bystanders carried Ambika Dutt to the police station where he lodged a re

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