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july 2009

Supreme Court of India · 2009-07-27

Vijay Kumar Kulhar vs Rajasthan State Road Transport Corp

Court
Supreme Court of India
Petitioner
Vijay Kumar Kulhar
Respondent
Rajasthan State Road Transport Corp
Author
Deepak Verma
Bench
S.B. Sinha, Deepak Verma

Judgment text excerpt

The Supreme Court held that under Section 173 of the Motor Vehicles Act, the High Court erred in dismissing the appellant's appeal on maintainability grounds without addressing the merits of the case. The Court found that the learned Single Judge's determination of liability for the accident was justified, attributing negligence to the appellant, the truck driver. The compensation amount was upheld at Rs. 40,000 with interest, reinforcing the principle that appeals should be considered on their merits rather than procedural technicalities.

Vijay Kumar Kulhar vs Rajasthan State Road Transport Corp · Niyam