Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 0001- under no fault liability by the tribunal holding that the accident was caused due to mechanical failure for which driver could not D be said at fault - High Court upheld the award 1988 - s.166 - Application for c compensation - Motor accident- Rash and negligent driving by bus driver resulting in the death of school teacher- Claim petition uls. 166 by parents-Award of Rs. 25 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Motor Vehicles Act, 1988 - s.166 - Application for compensation - Motor accident- Rash and negligent drivingby bus driver resulting in the death of school teacher- Claimpetition uls. 166 by parents-Award of Rs. 25, 0001- under nofault liability by the tribunal holding that the accident wascaused due to mechanical failure for which driver could not be said at fault - High Court upheld the award - On appeal,held: Courts below committed grave error of law while arrivingat the findings as to the method and manner in which accidenttook place - Reliable evidence on behalf of the claimantsthat the bus was driven in a rash and negligent manner by its driver - Pleas by the driver as well as the TransportUndertaking totally at variance - Further, the driver did notstate that due to road condition the bus jumped all of asudden, and also suppressed the fact that the bus initiallydashed a stationary tractor, thus the version of the driver notreliable - Furthermore, mere mechanical failure is notenough to exonerate the Transport Undertaking from itsliability in the absence of evidence being adduced that thevehicle was maintained properly- Thus, the parents awardedlump sum compensation of Rs. 7,50, 0001- along with interestat the rate of 6 % pa from the date of filing of claim petition tillits realization. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2015 INSC 924 |
Petitioner | Gian Chand & Ors. |
Respondent | Gurlabh Singh & Ors. |
SCR | [2015] 10 S.C.R. 1096 |
Judgement Date | 2015-12-15 |
Case Number | 14731 |
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