LAWS(MPH)-2019-4-59

ANEETA SHIVHARE Vs. PREMNATH MALHOTRA

Decided On April 04, 2019
Aneeta Shivhare Appellant
V/S
Premnath Malhotra Respondents

JUDGEMENT

(1.) Ma.313/2013 :

(2.) The challenge is on the ground that the Tribunal grossly erred in not considering that it was a case of contributory negligence.

(3.) The relevant facts briefly are that on 09.02.2011, the deceased Virendra Shivhare was travelling in Bolero bearing registration No. MP07 BA 1794. When it reached village Digodh at Agra-Bombay road it met with an accident with truck bearing No.HR38/L-2659, which was parked in the middle of the road without any parking light or back indicators; as a result whereof, Virendra Shivhare and the driver driving Bolero Ramsevak died on the spot.