Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988 :s. 166 - Compensation - Claimant's son died in an ' accident due to rash and negligent driving of driver of bus and driver of scooter of appellant - Deceased pillion rider on scooter driven by appellant - Said scooter owned by appellant's father - Claim petition - Award of Rs. 2 lakhs with 9% interest p.a. by High Court holding both appellant and his father liable - lnteirference with - Held: Not called for Appellant gave different stands as to occurrence of incident - More so, -- did not come forward for his examination-High Court's reliance on prosecution witness who was the only eye witness to the actual accident, not improbable. Respondents filed claim petition that their son died in an accident on account of rash and negligent driving of the driver of the bus as well as the driver of the scooter; and that the appellant no. 2 was the riding the scooter -( owned by appellant no. 1 and their son was a pillion rider. There were different versions of the accident by the owner F and bus driver and the appellants. Apart from the different versions, the appellant no.2 took different stands in the FIR lodged and before the Motor Accident Claims Tribunal as to how the accident actually occurred. PW.5, who witnessed the accident, stated that appellant no. 2 was G driving the scooter and deceased was a pillion rider and ~ accident was due to negligence of both the bus driver and appellant no 2. The scooter did not skid and deceased -died as handle of scooter pierced his stomach. MACT dismissed the petition. However, High Court allowed the claim. It awarded compensation of Rs.2 lakhs with 9% interest p.a. till deposit of amount, holding both the appellants liable. Hence the present appeal. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 204 |
Petitioner | Krishan Gopal |
Respondent | Sandhya Devi & Ors. |
SCR | [2009] 2 S.C.R. 601 |
Judgement Date | 2009-02-18 |
Case Number | 1104 |
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