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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Regional Manager, Uttarakhand Transport Corporation – Appellant
Versus
Neeraj Upreti – Respondent
| Table of Content |
|---|
| 1. linked motor accident appeals decided by common judgment. (Para 1 , 2) |
| 2. bus passengers killed by landslide after tree obstruction. (Para 3 , 15) |
| 3. negligence alleged versus natural calamity defense raised. (Para 4 , 5 , 6) |
| 4. issues on accident, payments effect, compensation framed. (Para 7 , 8) |
| 5. driver negligent stopping bus at vulnerable landslide spot. (Para 9 , 16) |
| 6. ex-gratia payments not deductible from statutory compensation. (Para 10) |
| 7. dependency loss calculated using age-based multipliers. (Para 11 , 12) |
| 8. quantum assessment upheld; enhancement claims meritless. (Para 13 , 14 , 22 , 23 , 24 , 25) |
| 9. act of god unavailable where negligence intervenes. (Para 17) |
| 10. stationary vehicle use covers proximate accident nexus. (Para 18 , 19 , 20 , 21) |
| 11. appeals dismissed; tribunal awards fully affirmed. (Para 26 , 27 , 28 , 29 , 30) |
Judgment :
Pankaj Purohit, J.
Since these appeals are arising out of a common accident and common question of law and facts are involved, hence, these are taken up together and being decided by this common judgment.
2. Appeal No.201 of 2015 and Cross Appeal No.02 of 2015 have been preferred by appellant(s), under Section 173 of the Mot
Stationary bus accident from landslide arises out of vehicle use due to proximate nexus; driver's unsafe parking in foreseeable risky terrain constitutes negligence, barring 'Act of God' defense; ex ....
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The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
Kerala Motor Vehicle Rules, 1989, defines the term ‘legal representative’ as “Legal Representative” means a person who in law is entitled to inherit the estate of the deceased if he had left any esta....
The main legal point established in the judgment is the apportionment of negligence in a multi-vehicle accident and the determination of compensation based on the evidence presented.
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