KRISHAN GOPAL versus SANDHYA DEVI & ORS.

KRISHAN GOPAL versus SANDHYA DEVI & ORS.

High Court rightly relied on credible eye-witness (PW.5) who confirmed appellant No.2 was driving the scooter and the deceased was pillion rider; conflicting versions by appellant and lack of examination by appellant No.2 supported High Court's award and liability. No reason for Supreme Court to interfere.

Parties
Appellant No. 1: Krishan Gopal Thakur; Appellant No. 2: Jitender Thakur; Respondent No. 1: Sandhya Devi; Respondents: Other respondents (parents of deceased Jitender Sharma); Respondents' Advocate: Sumit Sharma (for M/s. K.J. John & Co.)
Jurisdiction
India
Judgment Date
18 February 2009
Procedural Posture
Civil Appeal / Supreme Court Final Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Compensation, Negligence, Liability Under Motor Vehicles Act
Tort Law Motor Accident Law Compensation Negligence Liability Under Motor Vehicles Act

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Parties

Krishan Gopal Thakur

Appellant No. 1

Jitender Thakur

Appellant No. 2

Sandhya Devi

Respondent No. 1

Other respondents (parents of deceased Jitender Sharma)

Respondents

Sumit Sharma (for M/s. K.J. John & Co.)

Respondents' Advocate

Procedural Posture

Civil Appeal / Supreme Court Final Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant no.2 was driving the scooter and responsible, along with his father (owner), for the accident
  2. 2 Whether the High Court's reversal of the Motor Accident Claims Tribunal's award was justified

Ratio Decidendi

High Court rightly relied on credible eye-witness (PW.5) who confirmed appellant No.2 was driving the scooter and the deceased was pillion rider; conflicting versions by appellant and lack of examination by appellant No.2 supported High Court's award and liability. No reason for Supreme Court to interfere.

Court Disposition

Appeal dismissed

Orders

  • Appellants liable to pay compensation of Rs.2 lakhs with 9% interest per annum from 6th October 1999 till deposit
  • Appellants to pay costs assessed at Rs.20,000/-