Gurdas v. Rajesh Kumar and Ors.
Case brief
What is this about?
Parties: appellant Gurdas (injured claimant); respondent No.1 Rajesh Kumar (driver); respondent No.2 Ram Kumar (owner); respondent No.3 Oriental Insurance Company Limited (insurer). Liability settled: Tribunal's issue No.1 finding of rash and negligent driving unchallenged by appeal or cross-objections. Sole appellate issue: assessment of just compensation for injuries. Precedent engaged: Syed Basheer Ahamed and Others v. Mohd. Jameel and Another, 2009(1) RCR (Civil) 867 (SC) (relied on for the 'just compensation' standard). Caveat: source text severely corrupted — court, case number, dates, coram, vehicle registration mark, monetary figures and final outcome are not legible; document carries repeated digital attestation stamp 'PRIYANKA THAKUR 2026.02.20 15:40'.
What did the court decide?
The learned Tribunal's finding under issue No.1 that the accident took place on account of rash and negligent driving on the part of respondent No.1 Rajesh Kumar stands, having not been assailed by the respondents either by filing any appeal or cross-objections; consequently the appeal proceeded only on the assessment of compensation for the appellant's injuries.