Supreme Court of India · 2015-10-27
Kamlesh & Ors vs Attar Singh & Ors
- Citation / case number
- 2015 AIR SCW 6158
- Court
- Supreme Court of India
- Petitioner
- Kamlesh & Ors
- Respondent
- Attar Singh & Ors
- Author
- Arun Mishra
- Bench
- Arun Mishra, H.L. Dattu
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the claim petition by failing to recognize the negligence of Attar Singh, the driver of the tempo, despite evidence presented by the claimants. The Court emphasized that the negligence must be established based on the facts and circumstances of the case, and the Claims Tribunal's determination of Rs.5,81,000 as compensation was justified. The appeal by the claimants was allowed, overturning the High Court's decision and reinstating the award of the Claims Tribunal.