ILC-2010-SC-MAC-Mar-2
Manam Saraswathi Sampoorna Kalavathi & ors Vs. The Manager APSRTC, Tadepalligudem A.P. & anr
Motor Vehicles Act,1988 - Section 166 , Section 173
Rash and negligent driving - Proof - Deceased scooterist died in collision between bus and scooter - Specific evidence of pillion rider of scooter that there was rash and negligent driving by bus driver - Discarding of said evidence on ground that injured pillion rider did not file claim petition or did not see bus number - Improper - Observation of appellate Court that there is possibility of pillion rider not being with deceased and his implicating bus driver or that claimants might have got FIR registered with time and date of their choice - Is without any foundation - Order of appellate Court liable to be set aside.
Motor Vehicles Act,1988 - Section 168
Compensation - Multipliers from Schedule II -It was incorporated by virtue of Act 54 of 1994 w.e.f. 14-11-2023 - Though on date of accident, Sch. II was not there in Act, Multiplier method could be adopted.
G.N. Reddy, Advocate
Topic(s)-Rash and negligent driving