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K. J. THAKER
U. P. S. R. T. C. – Appellant
Versus
Bhagwati – Respondent
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
This appeal, at the behest of U.P.S.R.T.C. challenges the judgment and award dated 28.5.1993 passed by IXth Additional District Judge/ Motor Accident Claims Tribunal, Kanpur Nagar in Claim Petition No. 55 of 1990 whereby the learned Tribunal has awarded Rs. 1,65,000/- as compensation with interest at the rate of 12% per annum with a direction upon the appellant herein to pay the above.
2. Heard Sri Sunil Kumar, learned counsel for the appellant. For a period of from 1993 till today, steps have not been taken to see that notices be served to the respondents.
3. Be that as it may, as 20 years have elapsed, this Court deems it fit to decide this appeal where the Court had granted stay vide order dated 30.9.1993 which reads as follows :
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....
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....
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 appellate court must ensure just compensation is awarded, overriding findings of contributory negligence unless clearly evidenced otherwise, affirming courts' obligation to award fair compensatio....
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....
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