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K. J. THAKER
Munni Devi – Appellant
Versus
Regional Manager Roadways U. P. S. R. T. C. Rajapur Allahabad – Respondent
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Sri Mohan Srivastava, learned counsel for the appellant and Sri Sunil Kumar Misra, learned counsel for UPSRTC and perused the record.
2. This appeal challenges the award passed by the Motor Accident Claims Tribunal/Additional District Judge, Allahabad rejecting the claim petition being MACP No.304 of 1994 on 3.2.1997 preferred by the claimant Munni Devi and others but granted amount under the head of no fault liability only by holding that the deceased ( cyclist) was himself negligent in driving the cycle.
3. Brief facts as culled out from the record are that on 14.6.1994 at about 4:25 the deceased was plying his bicycle at that point of time the accident occurred. The deceased was going by his bicycle and the bicycle was being driven solely. The deceased was 19 years of age. The only surviving of his son, mother, and sister and brother who were younger to him. He was the sole breadwinner of his widow mother. The accident according to the claimants were due to rash and negligent driving of the driver of bus.
4. On being summoned before the Tribunal, the Uttar Pradesh Road Transport Corporation submits that the bus was being plied and the
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: 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....
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....
The court emphasized the determination of negligence and the assessment of compensation under various heads, setting aside the finding of contributory negligence and enhancing the compensation.
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.
The main legal point established in the judgment is the application of the standard of preponderance of probabilities to determine negligence in Motor Accident Compensation cases, and the distinction....
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