Sumanbai Popatrao Bargal and Ors. v. Subid Khan Sabrati Khan and Ors.
Case brief
What is this about?
The High Court of Bombay, Bench at Aurangabad, modified a compensation award. The court held that for the pillion rider, the case was one of composite negligence, not contributory negligence. Interest was adjusted to 7.5% from the date of application.
What did the court decide?
The impugned judgment modified to direct respondents to pay Rs. 5,58,000 with interest at 7.5% p.a. from the date of application till realization.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
FIRST APPEAL NO.297 OF 2011.
1. Sumanbai W/o Popatrao Bargal,
Age 30 years, Occ.Household,
R/o Mundwadi, Tq. Kannad,
Dist.Aurangabad.
2. Prajval S/o Popatrao Bargal,
Age 13 years, Occ.Student,
R/o as above.
3. Suraj S/o Popatrao Bargal,
Age 11 years, Occ.Student,
R/o as above.
4. Akshay S/o Popatrao Bargal,
Age 9 years, Occ.Student,
R/o as above.
The appellant Nos.2,3 and 4 are minors
under guardianship of their mother
appellant No.1.
Versus
Issues for consideration
3 issues framed by the court
Whether the case involves contributory negligence or composite negligence where three persons were travelling on a motor cycle.
Whether interest should be calculated from the date of application or the date of award, and at what rate.
Whether the quantum of compensation awarded by the lower tribunal should be modified.
Parties & counsel
- appellant
Sumanbai W/o Popatrao Bargal
- appellant
Prajval S/o Popatrao Bargal
- appellant
Suraj S/o Popatrao Bargal
- appellant
Akshay S/o Popatrao Bargal
- respondent
Subid Khan
- respondent
Case details
As recorded by the court registry
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