U.P. STATE ROAD TRANSPORT CORP. versus ISLAMUDDIN

U.P. STATE ROAD TRANSPORT CORP. versus ISLAMUDDIN

There was contributory negligence on the part of the claimant. Considering the nature of the accident, liability of the Corporation was fixed at Rs. 2,35,000/- with interest @ 6% from the date of accident.

Parties
Appellant: U.P. State Road Transport Corporation; Respondent: Islamuddin
Jurisdiction
India
Judgment Date
23 January 2009
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Compensation, Contributory Negligence, Interest on Award
Motor Vehicle Accident Compensation Compensation Contributory Negligence Interest on Award

Case Brief

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Parties

U.P. State Road Transport Corporation

Appellant

Islamuddin

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether deduction for contributory negligence of claimant was justified in fixing compensation
  2. 2 Correct quantum of compensation for injuries sustained in motor accident

Ratio Decidendi

There was contributory negligence on the part of the claimant. Considering the nature of the accident, liability of the Corporation was fixed at Rs. 2,35,000/- with interest @ 6% from the date of accident.

Court Disposition

Appeal partly allowed

Orders

  • Liability of U.P. State Road Transport Corporation fixed at Rs. 2,35,000/- with interest @ 6% from date of accident
  • Balance amount to be deposited with MACT within six weeks