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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
United India Insurance Company Limited – Appellant
Versus
Rocky – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 has been preferred by the insurer of vehicle Mahindra Tractor No. UP-11-BJ- 5905 against the impugned judgment and award dated 27.06.2025 passed by the Motor Accident Claims Tribunal, Saharanpur, whereby compensation of Rs.66,036/- alongwith interest @ 7% per annum has been awarded in favour of minor claimant (Rocky) for the injuries suffered by him in an accident which occurred on 27.02.2021.
2. Factual matrix is that the injured Rocky, aged about 7 years was travelling with his minor sister Ishani, aged about 8 years and parents on a motorcycle on 27.02.2021 at about 3:00 p.m., a Mahindra Tractor No. UP-11-BJ-5905, which was being driven in a rash and negligent manner, came from behind and hit the above motorcycle, resulting in injuries to the minor children, father and death of the claimant’s mother. In this accident, the claimant’s left leg was fractured and he sustained injuries on other parts of his body. Besides this, the claimant’s minor sister was seriously injured and his mother Smt. Shabnam was grievously injured, who succumbed to her injuries and died on 13.03.2021.
3. An
Contributory negligence cannot be presumed from law violations unless evidence links the violation to the accident's cause or severity.
The court affirmed the principle of contributory negligence and the computation of compensation based on notional income, emphasizing the lack of documentary evidence for the deceased's income.
In civil proceedings under the Motor Vehicles Act, the standard of proof is based on the preponderance of probability, and claimants are not required to prove the accident beyond reasonable doubt. Th....
Section 147 does not require an insurance company to assume risk for death or bodily injury to owner of vehicle.
Point of law: In order to successfully contest the plea of contributory negligence, it must be shown that the person injured or deceased must have committed an act of negligence and such act contribu....
The central legal point established in the judgment is the requirement of proving rash and negligent driving based on preponderance of probabilities, emphasizing the significance of FIR as evidence a....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
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