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SARAL SRIVASTAVA
Rajesh Devi – Appellant
Versus
M. R. Walia – Respondent
JUDGMENT
Saral Srivastava, J.
Heard learned counsel for the appellants and learned counsel for the respondents.
2. The present appeal has been filed against the award dated 07.12.2007 passed by Motor Accident Claims Tribunal, Agra in MACP No.699 of 2006, whereby the tribunal has awarded a compensation of Rs.89,500/- alongwith 6% interest for the death of one Ajaypal Singh in an accident on 18.07.2006 with truck No.UP14R/2927.
3. Challenging the award, learned counsel for the appellants has contended that the accident had taken place between Moped Hero Puch No.UP80J/7500 driven by one Ajaypal Singh and truck No.UP14R/2927. It is submitted that it was a specific case of the claimant-appellant that while the deceased was proceeding to cross the crossing, he was hit by truck No.UP14R/2927 driven by its driver rashly and negligently. It is also submitted that widow and son of the deceased were also riding on Moped and suffered injuries in the accident. It is submitted that widow and son of the deceased Smt. Rajesh Devi and Amit were produced as witnesses who deposed categorically that the accident had taken place due to rash and negligent driving of driver of truck and no evidence in reb
The court established that negligence must be proven with direct evidence, and reliance on unproven documents is insufficient to determine liability in motor vehicle accidents.
words used are ’below 40 years’ and unless it is clarified that the deceased was below 40 years, addition of 40% is not possible.
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 main legal point established in the judgment is the application of legal principles in determining the compensation amount in a motor vehicle accident case.
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....
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
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