Disposed¶15

Maheshwari Devi and Another v. Shri Rajendra Kumar Chhabra and 2 Others

Allahabad HC9 Sept 2025FAFO/366/2025

Case brief

AI extract

What is this about?

Enhancement of motor accident death compensation; challenge to 40% contributory negligence deduction; appeal under Section 173 Motor Vehicles Act 1988 against Tribunal award dated 18.06.2025 in M.A.C.P. Case No.46 of 2021 (Rs.17,67,043/- plus 7% interest); Maheshwari Devi and another v. Shri Rajendra Kumar Chhabra and 2 others; First Appeal From Order 366 of 2025; Allahabad High Court Lucknow Bench; Jaspreet Singh J.; admission stage, notices issued, trial court record summoned, listed November 2025.

What did the court decide?

No relief on merits; appeal admitted with directions to issue notices to respondents No.1 to 3, summon the trial court record, and list the matter in November 2025. ¶15

Maheshwari Devi and Another vs Shri Rajendra Kumar… — Motor Accident Claims | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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FIRST APPEAL FROM ORDER No. - 366 of 2025

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Maheshwari Devi And Another

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.....Appellant(s)

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Versus

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Shri Rajendra Kumar Chhabra And 2 Others

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.....Respondent(s)

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Counsel for Appellant(s)	: Alok Vikram	Kumar	Srivastava,	Jitendra
Counsel for Respondent(s)	:

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Court No. - 7

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HON'BLE JASPREET SINGH, J.

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1. Heard learned counsel for the appellants.

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2. The instant appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, assailing the award dated 18.06.2025 passed in M.A.C.P. Case No.46 of 2021, whereby, in a death case, the Tribunal has awarded a total sum of Rs.17,67,043/- along with 7% interest per annum, in favour of claimants-appellants.

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3. While pressing the appeal for admission on the ground of enhancement of the award, it is urged that the Tribunal has erred in attributing contributory negligence and has deducted 40% on that count, which is stated to be contrary to the evidence on record. As such, the deduction was unwarranted and is liable to be set aside.

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4. Matter requires consideration.

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5. The appeal is admitted.

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6. Let notices be issued to the respondents No.1 to 3, returnable at an early date.

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7. Learned counsel for the appellants shall take steps within a period of one week from today.

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8. Summon the trial court record.

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9. List this case in the month of November, 2025 along with the service report as well as the record of trial court.