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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
United India Insurance Company Limited – Appellant
Versus
Rocky – Respondent
| Table of Content |
|---|
| 1. overview of the accident and injuries. (Para 1 , 2 , 3) |
| 2. arguments regarding negligence and liability. (Para 4 , 6) |
| 3. tribunal's findings on accident negligence. (Para 5 , 7) |
| 4. judicial interpretation on contributory negligence. (Para 8 , 9 , 10 , 12) |
| 5. evidence standards and breach of policy conditions. (Para 11 , 13 , 14 , 15 , 16) |
| 6. dismissal of the appeal and affirmation of judgment. (Para 18 , 19 , 20) |
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 negligen
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....
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