Supreme Court of India

Mohar Sai and Anr. v. Gayatri Devi and Ors.

Neutral citation
Reported as [2018] 4 S.C.R. 509
Bench Dipak Misra and A.M. Khanwilkar JJ.
Decided 27 April 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the High Court committed manifest error, an error apparent on the face of the record, in reversing the finding recorded by the Tribunal t hat the motorcycle was being driven by appellant No.2 (son of appellant No.1 – owner of the motorcycle) and had caused accident due to rash an d negligent driving.

Judgment, page 7

From the headnote

Motor Vehicles Act, 1988 – s.140 – When not applica ble – Person died in a motor accident – Claim petition by respondents- heirs of the deceased – Tribunal decided the petitio n in favour of the respondents holding that the motorcycle at the relevant time was being driven by appellant No.2 and he had caused th e accident due to rash and negligent driving and granted compensation – Hi gh Court reversed the said finding recorded by Tribuna l, however, maintained the liability fastened on appellants as regards the compensation – Plea of appellants that in view of find ing of High Court that it

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