Smt. Rajwati And Others vs Mohd. Sabir Alias Mohd. Shamim And ...
2023 Latest Caselaw 10764 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 906 of 1997
 
Appellant :- Smt. Rajwati And Others
 
Respondent :- Mohd. Sabir Alias Mohd. Shamim And Another
 
Counsel for Appellant :- Satya Prakash
 
Counsel for Respondent :- Satish Chaturvedi
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard learned counsel for the appellant. Sri Satish Chaturvedi, learned counsel who has filed vakalatnama for the respondent-Insurance Company has absented himself.

By way of this appeal, the claimants has challenged the judgment and order dated 21.7.1997 passed by Xth Additional District Judge/Motor Accident Claims Tribunal, Agra in M.A.C. Case No.178 of 1991 rejecting the claim petition of claimants.

This appeal requires to be considered on a very short point namely that the deceased was a passenger in the jeep and was not the driver of the jeep or the truck involved in the accident. It appears that the Tribunal while dismissing the claim petition has missed the principle of composite negligence. The matter would hing on the issue of composite negligence as far as deceased is concerned. The finding of fact that the accident occurred due to rash and negligent driving of the truck driver, in the absence of any evidence from the driver of the truck, is a faulty finding.

In that view of the matter, the appeal is partly allowed. The Tribunal shall take up the matter and decide the other issues and decide entitlement of compensation within six months from the date of receipt of certified copy of order of this Court.

Order Date :- 11.4.2023

DKS