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K. J. THAKER
United India Insurance Co. Ltd. – Appellant
Versus
Usha Rani – Respondent
| Table of Content |
|---|
| 1. accident facts and victim's details. (Para 2 , 3 , 4) |
| 2. insurance company argues negligence. (Para 5) |
| 3. negligence defined and principles discussed. (Para 6 , 7) |
| 4. composite and contributory negligence explained. (Para 8 , 9 , 10) |
| 5. findings on driving licence validity and negligence. (Para 11 , 12) |
| 6. conclusion and order on appeal. (Para 13 , 14 , 15 , 16) |
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Sri Aarushi Khare, learned counsel for the for United India Insurance Company Ltd. Despite several adjournment, none appears for the respondents.
2. This appeal, at the behest of the United India Insurance Co. Ltd., challenges the judgement and award dated 30.08.1996/6.9.1996 passed by M.A.C.T/IIIrd-Additional District Judge, Badaun (hereinafter referred to as "Tribunal") in M.A.C.P. No. 55 of 1990.
3. Brief facts as culled out from the record are that on 01.04.1990 deceased Lalta Prasad was going to village Pipriya on a motor-cycle bearing no. U.P.O. 9328 driven by one Dular Singh as a pillion rider. When Lalta Prasad and Dular Singh reached near village Lakhanpur at about 10:15 p.m then only a tractor trolley bearing no. U.P.O.8144 going towards Dataganj was driven
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 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....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
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 : 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....
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....
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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