State of U. P. vs Sunita - 2023 Supreme(All) 2341

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2341

K. J. THAKER
State of U. P. – Appellant
Versus
Sunita – Respondent

Advocates appeared:
For the Appellants : P.K.Bisaria, SC.
For the Respondents: W.H.Khan, Poorva Agarwal, Punit Kumar Gupta, Puneet Kumar Gupta.

JUDGMENT

Kaushal Jayendra Thaker, J.

Heard Sri Saurav Srivastava, learned counsel for the State- appellants and Shri Puneet Kumar Gupta, learned counsel for the claimant-respondents. Perused the record.

2. This appeal has been preferred by appellants against the judgment and award dated 09.02.1996 passed by Special Judge/Motor Accident Claims Tribunal, Banda (hereinafter referred to as, 'Tribunal') in Motor Accident Claim Petition No.180/70 of 1992 of 2016 whereby the claimants were awarded compensation Rs.1,98,000/- with 12% per annum rate of interest.

3. The brief facts as culled out from the record are that on 20.05.1992, an accident took place due to rash and negligent driving of the driver of Maruti Gysy UP 32 E 4890 which belongs to the information department with the Motor Cycle driven by the deceased consequently the driver of the Motorcycle UP E 9650. In this accident, deceased sustained grievous injuries due to which he died on the spot.

4. As the issue of negligence is raised by State of U.P. the same would have to be decided as to who was negligent whether the deceased had contributed in the accident having taken place, which has to be evaluated on the facts and circumsta

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