REGENT COMPUTRONICS PVT. LTD.

KASHMIRAN MATHUR Appellant

V/S

SARDAR RAJENDRASINGH Respondents

Referred Judgements :-

FORGIE V. HENDERSON [REFERRED TO]
CANADA V. JENNINGS [REFERRED TO]
DAMYANTI DEVI V. SITA DEVI [REFERRED TO]
WHITTOME V. COATES [REFERRED TO]
DAVIES V. POWELL DUFFRYN ASSOCIATED COLLIERIES LTD. [REFERRED TO]
PARRY V. CLEAVER BY THE HOUSE OF LORDS [REFERRED TO]
SOOD & CO. V. SURJIT KAUR [REFERRED TO]
GOVERNMENT OF M.P. V. SHAMIN KHAN (DEDUCTION OF FAMILY PENSION AND GRATUITY) [REFERRED TO]
CHAMELIBAI V. CHHOTEKHAN [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION V. A.R SATISHCHANDRA [REFERRED TO]
GOBALD MOTOR SERVICE LIMITED VS. R M K VELUSWAMI [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI MUNICIPAL CORPORATION OF DELHI MUNICIPAL CORPORATION OF DELHI VS. SUBHAGWANTI [REFERRED TO]
SHEIKHUPURA TRANSPORT CO LIMITED VS. NORTHERN INDIA TRANSPORT INSURANCE CO [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SHANT1 MISRA ADULT [REFERRED TO]
MINU B MEHTA VS. BALKRISHNA RAMCHANDRA NAYAN [REFERRED TO]
BISHAN DEVI VS. SIRBAKSH SINGH [REFERRED TO]
BHAGWATI DEVI VS. ISH KUMAR [REFERRED TO]
AMARJIT KAUR VS. VANGUARD INSURANCE COMPANY LIMITED [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA V. LEGAL REPRESENTATIVES OF DECEASED NARAYANBHAI MAUJABHAI [REFERRED TO]
AMTHIBEN MAGANLAL WD O MAGANLAL PRANLAL MISTRY VS. SUPERINTENDENT GEOLOGY ONGC [REFERRED TO]
PRATAPRAI ARJANDAS DHAMEJA VS. JIVKUVARBA BHUPATSINGH [REFERRED TO]
H P ROAD TRANSPORT CORPORATION VS. PT JAI RAM [REFERRED TO]
KAMLA DEVI VS. KISHANCHAND [REFERRED TO]
GULAB DEVI SOHANEY VS. GOVT OF MADHYA PRADESH [REFERRED TO]
SUSHILA DEVI VS. IBRAHIM [REFERRED TO]
CHAURASIA AND CO VS. PRAMILA RAO [REFERRED TO]
STATE OF M P VS. PEHLAJRAI DWARKADAS [REFERRED TO]
KESAVAN NAIR VS. STATE INSURANCE OFFICER [REFERRED TO]
JAIKUMAR CHHAGANLAL PATNI VS. MARY JEROME DSOUZA [REFERRED TO]
SAMBBUPADA VS. SOBHRANI SEN SHARMA ALIAS SEN GUPTA [REFERRED TO]

JUDGEMENT

(1.) Both these appeals by the rival parties arise out of the award made by the Motor Accidents Claims Tribunal, Ratlam is Claim Case No. 4 of 1974 dated 132-1978. These appeals came up for hearing before a Division Bench of this Court where a question arose whether the Claims Tribunal was right in directing that payments received by the claimants on account of the Life Insurance Policy of the deceased. Provident fund, family pension, gratuity and ex gratia payment were deductible from the total amount of compensation assessed on account of the death of the deceased. The Division Bench noted the difference of opinion expressed by different High Courts on this question and referred the appeals for decision by a larger Bench. The appeals have, therefore, been placed before the Full Bench for decision.

(2.) The accident in which Iqbal Bahadur Mathur lost his life occurred on 12-71973 at about 10.00 p.m. on the main street, of Ratlam city. On the night of the accident, the motor cycle No. MPM 6099 owned and driven by Rajendrasingh (non-applicant No. 1), dashed against Iqbal Bahadur Mathur. Iqbal Bahadur Mathur received injuries and succumbed thereto the same night.

(3.) Claimant No. 1 is the widow, claimant No. 2 is the son and claimants 3 and 4 are the unmarried daughters of the deceased. Their case was that the accident occurred because non-applicant No. 1 Rajendrasingh was driving the motor cycle in a rash and reckless manner. It was pleaded that Iqbal Bahadur Mathur was a Government employee and was receiving a salary of Rs. 750 per month and was also practising as a homeopath. According to the claimants the deceased was a healthy person aged 54 years. He was expecting promotion and pay hike in the near future. Besides, he would have been gainfully employed on account of his past experience in the State Industrial Department Claimants laid a claim for Rs. 2 lacs as compensation.

Click here to view full judgment.

KASHMIRAN MATHUR Vs. SARDAR RAJENDRASINGH

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address