Dismissed

Smt. Sarla Devi and Others. v. Neeraj Singh and Ors.

Rajasthan HC15 Apr 2019CMA/2990/2013

Case brief

AI extract

What is this about?

The High Court dismissed the S.B. Civil Miscellaneous Appeal filed by the family of a deceased motorcyclist against a Motor Accident Claims Tribunal award. The appellants challenged the finding of contributory negligence and sought enhancement of compensation. The court found no ground for interference and dismissed the appeal.

What did the court decide?

The appeal was dismissed; the award of compensation remains unchanged.

Smt. Sarla Devi and Others. Vs Neeraj Singh and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2990/2013

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Smt. Sarla Devi W/o Late Shri Pradeep Kumar, aged 26 years,

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Anshu S/o Late Shri Pradeep Kumar, aged 6 years,

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Smt. Savitri Devi W/o Shri vijay Singh, aged 53 years,

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Vijay Singh S/o Shri Raghuveer, aged 55 years Appellant no.2 is minor through their mother and natural guardian Smt. Sarla Devi, all B/c Aheer, R/o Shimla, Tehsil Khetri, District Jhunjhunu, Rajasthan.

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----Appellants/Claimants

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Versus

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Neeraj Singh S/o Om Prakash, B/c Rajput, R/o Hameedpur, Tehsil Narnaul, District Mahendragarh, Haryana.

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Shrichand S/o Singraj, R/o Bashirpur, Tehsil Narnaul, District Narnaul, Haryana.

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United India Insurance Co. Ltd. Regd. Office 24, Whites Road, Chennai, Issuing Office Geeta Bhawan, Kanod, Gate Rewari, through Branch Office Station Road, Jhunjhunu (Raj.) (Insurance Company)

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----Non-Claimants/Respondents

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For Appellants : Mr. Ram Sharan Sharma For Respondent no. 3 : Mr. Tripurari Sharma For Respondent no.1 & 2 : Mr. Paramjeet Sharma

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HON'BLE MRS. JUSTICE SABINA Judgment

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15/04/2019

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Appellants have filed this claim petition, challenging the award dated 13.06.2013 passed by the Motor-Accident Claims Tribunal, seeking enhancement of compensation amount.

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Learned counsel for the appellants has submitted that the Tribunal has erred in holding that the deceased was also guilty of contributory negligence. In-fact, the accident had occurred due to sole negligence of respondent no.1 while driving the offending jeep.

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Learned counsel for the respondents, have opposed the appeal.

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Appellants had filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of

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death of Pradeep Kumar in the motor-vehicle accident which had occurred on 14.03.2010.

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Admittedly, Pradeep Kumar (deceased) was driving the motor-cycle from Narnaul to Patchouli, whereas, respondent no.1 was driving the offending jeep from Patchouli to Narnaul.

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AW-2 Rajneesh has deposed that on 14.03.2010 at about 7.00 a.m., he was standing at Khatoti Bus Stand. In the meantime, a jeep came from Godh Balaha side at a fast speed and has driven by its driver in a rash and negligent manner and struck against the motor-cycle driven by his brother-in-law Pradeep Kumar, who was coming from Narnaul side. As a result, Pradeep Kumar suffered serious injuries and succumbed to his injuries in the hospital.

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Appellants had proved on record the proceedings carried out in the FIR registered against the driver of the jeep.

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Exhibit-3 is the site plan prepared by the Investigating Agency during investigation of the case.

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A perusal of the site plan reveals that the accident had occurred at point ‘A’. Thus, it is evident that the motor-cycle had gone on its wrong side, whereas, jeep was coming on its correct side. Learned Tribunal has held that the deceased himself was negligent in causing the accident to the extent of 50%, although, from the site plan, it appears that accident had occurred due to sole negligence of the deceased himself.

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In the facts and circumstances of the case, no ground for interference by this court is made out.

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Dismissed.

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(SABINA)J.

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Mohita/92

Smt. Sarla Devi and Others. v. Neeraj Singh and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Sarla Devi and Others. v. Neeraj Singh and Ors.

Case brief

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What did the court decide?

What the court decided

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