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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
National Insurance Co. Ltd. Lucknow Thru. Asstt. Manager – Appellant
Versus
Gaurav Sharma – Respondent
JUDGMENT :
Hon'ble Rajnish Kumar J.
1. Heard, Mrs. Pooja Arora, learned counsel for the appellant in F.A.F.O. No.137 of 2017 and for respondent no.1 in F.A.F.O. No.217 of 2017 (here-in-after referred as learned counsel for the Insurance Company) and Shri Ashish Chaturvedi, learned counsel for the claimant-respondent no.1 in F.A.F.O. No.137 of 2017 and for appellant in F.A.F.O. No.217 of 2017 (here-in-after referred as learned counsel for claimant). None appeared on behalf of the owner i.e. the respondent no.2 in both the appeals.
2. The F.A.F.O. No.137 of 2017 has been filed under Section 173 of Motor Vehicle Act, 1908 (here-in-after referred as MV Act ) challenging the judgment and award dated 23.11.2016 passed in Claim Petition No.163 of 2011 (Gaurav Sharma Vs. Rajesh Kumar Tiwari and another). The F.A.F.O. No.217 of 2017 has been filed for enhancement of compensation. Hence both the appeals are clubbed and decided together with this common judgment and order.
3. Learned counsel for the Insurance Company submits that the claimant; Gaurav Sharma, who appeared as PW-1 admitted in his cross-examination that he had seen in his rear view mirror of scooty that the truck is coming on his
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The court determined that negligence in a motor accident lay solely with the bus driver, and the claimant was entitled to enhanced compensation for permanent disability and future prospects, alongsid....
The central legal point established in the judgment is the requirement for evidence to substantiate claims and defenses, the inapplicability of a 1/3 deduction in cases of 100% disability, and the ne....
The main legal point established in the judgment is the assessment of contributory negligence in motor vehicle accident cases and the determination of reasonable and just compensation for the claiman....
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