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No Negligence Deduction for Pillion Rider in Motor Accident Claim: Allahabad HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 9636
Case Name
Vimla Singh And 4 Ors Vs Rakesh Kumar Gupta And Anr (Allahabad High Court)
Date of Judgement/Order
Only available for paid members
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Vimla Singh And 4 Ors Vs Rakesh Kumar Gupta And Anr (Allahabad High Court)

The Allahabad High Court decided two appeals arising from the same motor accident involving the deaths of Radhey Shyam Singh, who was driving the motorcycle, and Tarri alias Aasir Ali, who was the pillion rider. The appeals were filed by the legal heirs of both deceased persons against the judgment and award dated 1.2.2018 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 6, Kanpur Nagar.

The accident occurred on 16.11.2015 at about 12.15 when Radhey Shyam Singh, along with his friend Tarri alias Aasir Ali, was travelling on Motorcycle No. UP 95 A2393 from Village Gadheva towards his home. Near Village Harbanspur, an Eco Car bearing registration No. U.P.77 L 077 allegedly came from the wrong side while being driven rashly and negligently and collided with the motorcycle. Radhey Shyam Singh suffered fatal injuries and died on the spot.

Claims were filed against the owner of the Eco Car and its Insurance Company. The respondents denied involvement of the vehicle and stated that the accident involved a truck. The claimants produced documents including the First Information Report, voter identity card, site plan and other evidence.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,834

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