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K. J. THAKER
U. P. S. R. T. C. – Appellant
Versus
Ashok Kumar Sharma – Respondent
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Sri A.K.Saxena, learned counsel for the appellant and learned counsel for respondent.
2. This appeal, at the behest of the U.P.S.R.T.C, challenges the judgement and award dated 18.09.2002 passed by M.A.C.T/II-Additional District Judge, Kanpur Nagar (hereinafter referred to as "Tribunal") in M.A.C.P. No. 568 of 1999. The fact that the vehicle is involved in the accident which takes place on 25.11.1998 is not in dispute, therefore, involvement of the vehicle is not in dispute. Only dispute now is regarding contributory negligence of injured and the quantum and misjoinder of parties.
3. Brief facts as culled out from the record are that on 25.11.1998 at about 12:15 p.m, Ashok Kumar Sharma was going to Hathras for his business on his Vespa Scooter no. U.P. 81F-4862. U.P.S.R.T.C driven by its driver rashly and negligently hit the scooter as a result of which Ashok Kumar Sharma sustained grievous injuries got his leg fractured from various places. Injured was given treatment in Hathras but to grievous injuries he was referred to Indraprastha Sarita Vihar, Delhi.
4. The deceased was 35 years of age at the time of accident and he was working in
The main legal point established in the judgment is the application of principles for deciding negligence and contributory negligence in motor accident claims, as well as the computation of compensat....
Negligence in motor vehicle accidents involves the failure to exercise adequate care, allowing injured parties to claim full compensation from joint tortfeasors without determining liability proporti....
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....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
When a person is in a permanent job, there is always an enhancement due to one reason or the other. To lay down as a thumb rule that there will be no addition after 50 years will be an unacceptable c....
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....
The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
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