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K. J. THAKER
U. P. S. R. T. C. – Appellant
Versus
Poonam Garg – Respondent
JUDGMENT
Dr. Kaushal Jayendra Thaker, J.
Heard Sri S.K.Yadav, learned counsel for the appellant. None present for the respondents.
2. This appeal, at the behest of the U.P.S.R.T.C, challenges the judgment and decree dated 03.05.1997 passed by VI Additional District Judge/Motor Accident Claims Tribunal, Ghaziabad, passed in M.A.C.P. No. 47 of 1995 whereby the Tribunal has awarded Rs.5,20,000/- as compensation along with interest at the rate of 12%.
3. The brief facts as culled out from the record is that on 21.09.1994, Navin Kumar Garg was going from Hapur towards Pilakhuwa on a scooter bearing no. U.P.14B-1251 along with his friend Sanjai Kumar who was a pillion rider. As soon as the scooter of the deceased reached near village Anwarpur the U.P. Roadways bus bearing no. U.P.G-4767 came from behind in a very high speed, which was being driven rashly and negligently by its driver and dashed the scooter of Navin Kumar Garg, he was brought to Shri Ram Hospital Pilukhuwa where he was declared dead. The accident took place because of the sole negligent driving of the U.P.Roadways bus driver.
4. The tribunal granted a sum of Rs. 5,20,000/- for the death of the sole bread winner who died on
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 main legal point established in the judgment is the determination of contributory negligence in a motor vehicle accident, where the court found the S.T. bus driver solely responsible for the acci....
The main legal point established in the judgment is the rejection of contributory negligence and the recalculated notional income to determine the enhanced compensation.
The main legal point established in the judgment is the determination of negligence in a motor accident claim and the justification of compensation based on the deceased's income.
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