SMT. SARLA DIXIT AND ANR. versus BALWANT YADAV AND ORS.

SMT. SARLA DIXIT AND ANR. versus BALWANT YADAV AND ORS.

It was the rash and negligent driving by respondent no.2, the truck driver, that caused the accident. Deceased was not at all negligent and had not contributed to the accident. Entire negligence rested on the truck driver. Respondents nos. 1 and 2 are liable to pay compensation; no deduction for contributory...

Source-derived case information.

Parties
Appellant: Smt. Sarla Dixit; Appellant: Smt. Sarla Dixit's daughter; Respondent: Balwant Yadav; Respondent: Owner of offending truck; Respondent: Insurance company
Jurisdiction
India
Judgment Date
29 February 1996
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Motor Vehicle Accident Claims, Compensation Assessment, Negligence, Contributory Negligence
Tort Law Motor Vehicle Law Motor Vehicle Accident Claims Compensation Assessment Negligence Contributory Negligence

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Parties

Smt. Sarla Dixit

Appellant

Smt. Sarla Dixit's daughter

Appellant

Balwant Yadav

Respondent

Owner of offending truck

Respondent

Insurance company

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 What is the proper amount of compensation payable to the appellants on account of accidental death of deceased caused by the offending truck?
  2. 2 Whether deceased had contributed towards the accident by his own negligence to any extent?

Ratio Decidendi

It was the rash and negligent driving by respondent no.2, the truck driver, that caused the accident. Deceased was not at all negligent and had not contributed to the accident. Entire negligence rested on the truck driver. Respondents nos. 1 and 2 are liable to pay compensation; no deduction for contributory negligence.

Court Disposition

Appeal allowed

Orders

  • The judgment and order passed by the High Court as well as the Claims Tribunal are set aside.
  • Claim Petition allowed against respondent nos. 1 and 2 who are ordered to pay total compensation of Rs. 2,85,000.