Janki Devi vs Bhikam Rathore - 2023 Supreme(All) 2349

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2349

K. J. THAKER
Janki Devi – Appellant
Versus
Bhikam Rathore – Respondent

Advocates appeared:
For the Appellant : Madav Jain
For the Respondent: Nagendra Kumar Srivastava

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

By way of this appeal, the appellants have challenged the judgment and award dated 5.4.1999 passed by Motor Accident Claims Tribunal / X-Additional District Judge, Agra (hereinafter referred to as 'Tribunal') in M.A.C.P. No.803 of 1998 (Smt.Janki Devi and others v. Bhikam Rathore and others) awarding sum of Rs.3,00,000/- as compensation to the claimant/appellant with interest at the rate of 12% per annum from the date of filing the claim petition.

2. Heard Mr.Madhav Jain, learned counsel for the appellants-claimants and Mr.Nagendra Kumar Srivastava, learned counsel for the respondents.

3. The brief facts of the case are that claimants-appellants filed Motor Accident Claim Petition before the Tribunal for claiming the compensation under MOTOR VEHICLES ACT , 1988 for the death of Prem Shankar Sharma in a road accident with the averments that on 17.8.1996, deceased Prem Shankar Sharma was going from his house to Agra Kantt. Railway Station by his bicycle, a Jeep bearing No. UP-80/6270 hit the deceased. The deceased was on his left side at the time of accident. The driver of the jeep was driving the vehicle rashly and negligently. In this acciden