AIR 2018 SUPREME COURT 1900 ::(2018) 2 ACC 118 ::(2018) 2 WLC(SC)CVL 248 ::(2019) 1 CivLJ 483 ::2018 (5) SCC 656 ::2018 (2) SCC (Cri) 819 ::(2018) 2 ACJ 1300 ::(2018) 2 TAC 337 ::AIR 2018 SC (Civ) 1582 ::(2018) 2 CurCC 467 ::(2018) 130 All LR 218 ::(2018) 4 All WC 3933 ::(2018) 4 Bom CR 79 ::(2018) 2 CgLJ 8 ::(2018) 4 AndhLD 89 ::(2018) 3 JCR 3 (SC) ::(2018) 4 Raj LW 2996 ::(2018) 185 AllIndCas 102 (SC)

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar , JJ

(A) Motor Vehicles Act (59 of 1988) , S.168— Compensation - Injury claim - Victim on account of rash and negligent driving of jeep, suffering injuries resulting in amputation of right leg above knee level - Victim earning Rs. 1500/- per month towards salary and Rs. 600 towards food allowance - Taking into account loss of monthly income due to permanent disability of 40%, victim entitled to total compensation of Rs. 2.77 lacs with interest at rate of 9% p.a. SBCMA Nos. 273 and 290 of 2001, D/- 05-01-2017 (Raj), Reversed. (Para 25 27) (B) Motor Vehicles Act (59 of 1988) , S.168— Accident - Negligence - Proof - Spot where motorcycle found lying after accident cannot be basis to assume that it was driven on wrong side of road at relevant time. Spot where motor vehicle was found lying after accident cannot be basis to assume that it was driven in or around that spot at relevant time. It can be safely inferred that after accident of this nature in which victim suffered severe injuries necessitating amputation of his right leg above knee level, motorcycle would be pushed forward after collision and being hit by high speeding jeep. Neither Tribunal nor High Court has found that spot noted in site map, one foot wrong side ....