Allowed

Sanjay Kumar Yadav v. Lalji Maurya and 2 Others

Allahabad HC9 Feb 2021FAFO/102/2021

Case brief

AI extract

What is this about?

Appeal against an order upholding contributory negligence for pillion riders in a motor accident claim. The court followed Supreme Court precedent to discard the finding of contributory negligence and directed full compensation.

What did the court decide?

The appeals allowed; finding of contributory negligence discarded; claimants entitled to complete compensation amounts of Rs. 6,05,000/- and Rs. 7,00,400/-.

Sanjay Kumar Yadav Vs Lalji Maurya and 2 Others — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 102 of 2021 Appellant :- Sanjay Kumar Yadav Respondent :- Lalji Maurya And 2 Others Counsel for Appellant :- Ajay Kumar Maurya

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with

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Case :- FIRST APPEAL FROM ORDER No. - 103 of 2021 Appellant :- Sanjay Kumar Yadav Respondent :- Lalji Maurya And 2 Others Counsel for Appellant :- Ajay Kumar Maurya

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Hon'ble Vivek Agarwal,J.

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Heard Sri Ajay Kumar Maurya, learned counsel for appellant and Sri S.D. Ojha, learned counsel for respondents. Nobody is appearing for the Insurance Company.

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On our request, Sri Arvind Kumar accepts notice on behalf of the New India Assurance Co. Ltd.

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These two appeals have been filed by the appellant being aggrieved of award dated 22.10.2020 passed by learned Motor Accident Claims Tribunal, Jaunpur in Claim Case Nos. 04 of 2016 and 03 of 2016 respectively, in relation to death of his mother and brother to set aside finding of contributory negligence.

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It is submitted that claimant's mother and brother were travelling on a motorcycle bearing registration no. UP 62 Z 5104, driven by his father-Sri Lalta Prasad Yadav, when accident took place with a mini bus bearing registration no. UP 70 AT 9641, as a result, all the three travellers died. It is submitted that tribunal has recorded a common finding of contributory negligence in all the claim petitions, overlooking the fact that for the mother and the brother of the claimant, who were pillion riders, principle of composite negligence will be applicable and not that of contributory negligence.

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Sri Arvind Kumar submits that contributory negligence will be attributable only in case of the driver of the offending motorcycle and not for the pillion riders.

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After hearing learned counsel for the parties and going through the record and also in the light of the law laid down by Hon'ble Supreme Court in Khenyei vs. New India Assurance Co. Ltd; (2015) 9 SCC 273, appeal filed in the aforesaid cases

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is allowed. Finding of contributory negligence is discarded and it is directed that claimants will be entitled to complete amounts of compensation i.e., Rs. 6,05,000/- (six lakhs five thousand rupees) and Rs. 7,00,400/- (seven lakhs four hundred rupees) respectively as assessed by the tribunal in toto without any deduction.

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In above terms, appeals are allowed and disposed off.

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Order Date :- 9.2.2021 Vikram/-

Sanjay Kumar Yadav v. Lalji Maurya and 2 Others

Case brief

What is this about?

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Sanjay Kumar Yadav v. Lalji Maurya and 2 Others

Case brief

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