Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Accident: Fatal accident - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Accident:Fatal accident - Collision between car and truck - Death c of two persons traveling in the car including its driver - Claim petition by dependents of car driver-Amount of compensation restricted by Tribunal for contributory negligence of car-Award affirmed by High Court - HELD: There being no finding of contributory negligence, compensation could not be restricted on that count - There is no evidence to suggest any failure on the part of car driver-Any breach on his part had to be proved V• by insurer which failed to do so - Principle of res ipsa loquitor applicable Compensation as assessed directed to be awarded in full - Burden of proof In a collision between a truck and a Maruti Car, the person driving the car died. His dependents filed a claim petition before the Motor Accidents Claims Tribunal, which limited claimants' entitlement to 50% of the assessed claim amount on the ground that there was contributory negligence on the part of the deceased. In the appeal filed · by the claimants, it was specifically pleaded before the High Court that the Tribunal did not record any finding of contributory· negligence on the part of the car and therefore, the claim could not have been reduced to 50% applying the theory of contributory negligence. The High Court affirmed the award observing that the Tribunal had held that the accident took place due to contributory negligence of drivers of both the vehicles. Aggrieved, the claimants filed the appeal. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 198 |
Petitioner | Usha Rajkhowa & Ors. |
Respondent | Paramount Industries & Ors. |
SCR | [2009] 2 S.C.R. 520 |
Judgement Date | 2009-02-17 |
Case Number | 1088 |
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