KUMARI KIRAN Vs. SAJJAN SINGH
LAWS(SC)-2014-9-70
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on
September 11,2014
Kumari Kiran
Appellant
VERSUS
SAJJAN SINGH
Respondents
Referred Judgements :-
RAMESH CHANDRA RANDHIR SINGH VS. RANDHIR SINGH:RAMESH CHANDRA [REFERRED TO]R D HATTANGADI VS. PEST CONTROL INDIA PRIVATE LIMITED [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
B KOTHANDAPANI VS. TAMIL NADU STATE TRANSPORT CORPORATION LTD [REFERRED TO]
LAXMAN ALIAS LAXMAN MOURYA VS. DIVISIONAL MANAGER [REFERRED TO]
K. SURESH VS. NEW INDIA ASSURANCE CO. LTD [REFERRED TO]
SUBULAXMI VS. M.D., TAMIL NADU STATE TRANSPORT CORPORATION [REFERRED TO]
MASTER MALLIKARJUN VS. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
Cited Judgements :-
SAROJ NAKARA AND ORS. VS. SURINDER SINGH AND ORS. [LAWS(DLH)-2016-1-194] [REFERRED TO]M. C. NARASAREDDY VS. M. G. PADMA [LAWS(KAR)-2023-8-1212] [REFERRED TO]
SHEETAL NAIK VS. CHANDRA PRABHA [LAWS(KAR)-2020-9-193] [REFERRED TO]
MINOR. P.SATHEESH VS. M.MUNIRAJ [LAWS(MAD)-2021-7-391] [REFERRED TO]
P. SATHEESH VS. M. MUNIRAJ [LAWS(MAD)-2021-7-392] [REFERRED TO]
DINA NATH DHIMAN VS. JASWINDER SINGH AND OTHERS [LAWS(P&H)-2015-8-373] [REFERRED TO]
SUSHMA DEVI AND OTHERS VS. HAR PAL SHARMA AND OTHERS [LAWS(P&H)-2015-10-250] [REFERRED TO]
SHABRIN & ORS. VS. LEKHA PARSAD [LAWS(DLH)-2016-2-379] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. SANGEETA DEVI AND ORS. [LAWS(DLH)-2016-2-183] [REFERRED TO]
VEENA RANI VS. RENU KAPOOR [LAWS(DLH)-2016-7-256] [REFERRED TO]
SUSHIL JAYANT NANODKAR VS. MR. DNYANESHWAR VITHOBA RAUT [LAWS(BOM)-2016-8-340] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. AND ANOTHER VS. SHRABANI ROY AND ORS. [LAWS(CAL)-2018-5-106] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED VS. KUMAR AFTAB NASIM ANSARI [LAWS(BOM)-2020-6-160] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. GANGA MALLIK [LAWS(CAL)-2024-6-12] [REFERRED TO]
JATARBHAI SHAMJIBHAI GANVIT (FATHER OF DECD.) VS. MANOJKUMAR PRATAPBHAI CHAUDHARY [LAWS(GJH)-2018-7-267] [REFERRED TO]
MONGHIBEN W/O MOHANBHAI RANCHHODBHAI BHARWAD AND OTHERS VS. MOTIBHAI GAGABHAI JADAV (RAJPUT) AND OTHERS [LAWS(GJH)-2017-12-260] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. VANLALRUATFELI [LAWS(GAU)-2019-6-61] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. AND ORS. VS. VEERESHWAR SINGH AND ORS. [LAWS(MPH)-2015-4-19] [REFERRED TO]
V. RAJAN VS. RATHEESH AND ORS. [LAWS(KER)-2015-3-312] [REFERRED TO]
MUNAVIRA VS. RELIANCE GENERAL INSURANCE CO. LTD. [LAWS(KER)-2015-11-122] [REFERRED TO]
ROSHAN LAL BANSAL VS. MAN SINGH [LAWS(P&H)-2020-1-223] [REFERRED TO]
RICHHPAL AND OTHERS VS. MAIN PAL AND OTHERS [LAWS(P&H)-2018-1-392] [REFERRED TO]
CHINTO DEVI AND OTHERS VS. SANJEEV KUMAR AND ANOTHER [LAWS(P&H)-2018-1-284] [REFERRED TO]
NARESH SINGH AND ANOTHER VS. SUJAN SINGH AND OTHERS [LAWS(P&H)-2015-12-502] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD VS. K. LALHLIMPUII [LAWS(GAU)-2021-12-8] [REFERRED TO]
NANJAMMA VS. DIVISIONAL CONTROLLER, KSRTC [LAWS(KAR)-2020-11-248] [REFERRED TO]
PARKASH RAM AND ANR VS. BALBIR CHAND @ BHUTTO AND OTHERS [LAWS(P&H)-2015-9-604] [REFERRED]
PAUL VARGHESE VS. SHANVEEN [LAWS(KER)-2016-6-87] [REFERRED TO]
RAJ KALI AND ORS. VS. NIRDOSH SHARMA AND ORS. [LAWS(P&H)-2015-11-31] [REFERRED TO]
SUKHRAJ KAUR AND OTHERS VS. SADHU RAM AND OTHERS [LAWS(P&H)-2015-11-235] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. MADAN MOHAN AND OTHERS [LAWS(DLH)-2014-9-423] [REFERRED TO]
MADHURI D/O BAPURAO AGLAVE VS. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-2018-2-247] [REFERRED TO]
LAXMIBAI W/O RAMA TOKALWAD VS. CHAMPABAI W/O WELJIBHAI VARU [LAWS(BOM)-2019-10-95] [REFERRED TO]
OM PARKASH VS. BALDEV SINGH AND ANOTHER [LAWS(P&H)-2017-7-142] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD , C N CHETTY ROAD, EAST COAST CHAMBERS VS. E BALAKRISHNAN [LAWS(MAD)-2018-7-551] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD , C N CHETTY ROAD, EAST COAST CHAMBERS VS. E BALAKRISHNAN [LAWS(MAD)-2018-7-551] [REFERRED TO]
DAVINDER KAUR AND ANOTHER VS. BALWANT SINGH AND ANOTHER [LAWS(P&H)-2015-11-265] [REFERRED TO]
SARBARI AND OTHERS VS. MEHBOOB AND OTHERS [LAWS(P&H)-2015-9-476] [REFERRED TO]
SUNITA DEVI & OTHERS VS. ISHWAR DAYAL & ANOTHER [LAWS(P&H)-2015-9-696] [REFERRED]
KALPANA VS. VELLIANGIRI [LAWS(MAD)-2020-1-655] [REFERRED TO]
SITA RANI VS. CHHIRA RAM AND OTHERS [LAWS(P&H)-2017-8-22] [REFERRED TO]
MEGHA @ VIDHYA VS. IBRAHIM KATIL; FATIMABI; DIVISIONAL MANAGER [LAWS(KAR)-2016-3-405] [REFERRED]
NEETU AND OTHERS VS. JASWANT AND OTHERS [LAWS(P&H)-2015-10-245] [REFERRED TO]
MOTHU SINGH & OTHERS VS. KEWALPREET SINGH & OTHERS [LAWS(P&H)-2015-11-256] [REFERRED TO]
JASBIR SINGH AND ORS. VS. PALWINDER SINGH AND ORS. [LAWS(P&H)-2015-9-92] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD VS. SHASHIKALA @ VISHRANTI GOKULDAS [LAWS(BOM)-2022-9-98] [REFERRED TO]
BATASHO DEVI VS. REKHA & ORS [LAWS(DLH)-2016-2-348] [REFERRED TO]
NATIONAL INSURANCE COMP. LTD. VS. MOHD. [LAWS(ALL)-2019-10-70] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. KU.RADHIKA D/O. SUBHASH BHOYAR [LAWS(BOM)-2019-12-21] [REFERRED TO]
SHAIKH SADDAM SHAIKH SALIM VS. MAHARASHTRA STATE ROAD TRANSPORT [LAWS(BOM)-2020-7-217] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. DOSTMOHMED SULEMANBHAI KOCHALIA [LAWS(GJH)-2018-9-334] [REFERRED TO]
MARIYAMMA VS. SUYAMBULINGAM V. [LAWS(KAR)-2022-12-101] [REFERRED TO]
MOHANDAS VS. KARAMAT KHAN AND ORS. [LAWS(MPH)-2015-10-12] [REFERRED TO]
MUNIRAJU VS. T H RAVIKUMAR [LAWS(KAR)-2015-6-499] [REFERRED]
GOUTHAM BHARATH AND ORS. VS. B.M. REKHA AND ORS. [LAWS(KAR)-2016-3-113] [REFERRED TO]
PREGASH VS. SELVI [LAWS(MAD)-2020-12-609] [REFERRED TO]
S.P. MITTAL VS. P.K. AGGARWAL AND ANOTHER [LAWS(P&H)-2015-12-282] [REFERRED TO]
RISHI PAL VS. SUDHIR SINGH AND ANOTHER [LAWS(P&H)-2015-11-217] [REFERRED TO]
KANTA DEVI AND OTHERS VS. SH. RAMESHWAR SINGH AND OTHERS [LAWS(P&H)-2015-10-241] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. AND ORS. VS. DHARAM PRAKASH AND ORS. [LAWS(DLH)-2016-2-213] [REFERRED TO]
SHRIRAM GENERAL INSURANCE COMPANY LIMITED VS. JAMEELA P. AND ORS. [LAWS(KER)-2015-11-119] [REFERRED TO]
GIAN WATI AND OTHERS VS. HARI CHAND AND OTHERS [LAWS(P&H)-2015-11-395] [REFERRED TO]
BARKHA SINGH AND ORS. VS. VIRINDER SINGH AND ORS. [LAWS(P&H)-2015-12-57] [REFERRED TO]
PARVEEN VS. VIKRAM & OTHERS [LAWS(P&H)-2015-9-449] [REFERRED TO]
MADHURI VS. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION [LAWS(BOM)-2018-2-161] [REFERRED TO]
SANDEEP & ORS VS. STATE & OTHERS [LAWS(DLH)-2015-2-640] [REFERRED]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED VS. ANJALI MONDAL AND ANR [LAWS(CAL)-2018-10-7] [REFERRED TO]
MOUSUMI KALITA VS. ICICI LOMBARD GENERAL INSURANCE CO LTD [LAWS(GAU)-2018-9-136] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. URMILA AND OTHERS [LAWS(P&H)-2015-9-448] [REFERRED]
AJEET SINGH VS. MOHAMMED SABIR & ORS. [LAWS(RAJ)-2016-6-95] [REFERRED TO]
MANAGING DIRECTOR KSRTC K H ROAD VS. ANITHA JOSEPH [LAWS(KAR)-2016-8-133] [REFERRED]
RITU RANI AND ANOTHER VS. AMARJIT SINGH & OTHERS [LAWS(P&H)-2017-9-5] [REFERRED TO]
KAILASH NAGAR VS. KARAN SINGH [LAWS(DLH)-2016-2-335] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted in all the special leave petitions.
(2.)These appeals have been filed by the appellants against the common Judgment and order dated 06.11.2012 passed in Misc. Application Nos. 2575 of 2010, 2574 of 2010 and 2579 of 2010 by the High Court of Judicature of Madhya Pradesh, Principal Bench at Jabalpur, urging various grounds. Civil Appeals arising out of SLP(c) Nos. 21666 of 2013 and 21670 of 2013 have been filed by Kumari Kiran and Master Sachin respectively, through their father Harinarayan as they are minors, while Civil Appeal arising out of SLP(c) No. 21671 of 2013 has been filed by the appellant Harinarayan.
(3.)The necessary relevant facts are stated as under:
On 04.06.2009, Kumari Kiran and her brother Master Sachin (the pillion riders, hereinafter referred to as the appellant-minors) were going on a motor cycle to their village Shujalpur from Bhopal with their father Harinarayan, (rider of the motor cycle, hereinafter referred to as the appellant-father). While on their way, a tractor bearing No. MP13K1981 driven by Sajjan Singh (respondent No.1), collided with the motor cycle on which the appellants were riding. Due to the impact of this collision the appellants fell down and sustained grievous injuries. After medical examination, it was concluded that all the three appellants had fractured their femur, tibia and fibula bones on their right leg and had to undergo an operation at National Hospital Bhopal where a rod and a ring were implanted on each one of their right leg. Upon further medical examination, it was found that the right leg of all the three appellants had become one inch shorter due to the injuries caused to them in the accident. Therefore, the appellant-minor daughter and the appellant-father were determined with 30% permanent disability and the appellant-minor-son was determined with 20% permanent disability by the doctor who had treated them.
(2.)These appeals have been filed by the appellants against the common Judgment and order dated 06.11.2012 passed in Misc. Application Nos. 2575 of 2010, 2574 of 2010 and 2579 of 2010 by the High Court of Judicature of Madhya Pradesh, Principal Bench at Jabalpur, urging various grounds. Civil Appeals arising out of SLP(c) Nos. 21666 of 2013 and 21670 of 2013 have been filed by Kumari Kiran and Master Sachin respectively, through their father Harinarayan as they are minors, while Civil Appeal arising out of SLP(c) No. 21671 of 2013 has been filed by the appellant Harinarayan.
(3.)The necessary relevant facts are stated as under:
On 04.06.2009, Kumari Kiran and her brother Master Sachin (the pillion riders, hereinafter referred to as the appellant-minors) were going on a motor cycle to their village Shujalpur from Bhopal with their father Harinarayan, (rider of the motor cycle, hereinafter referred to as the appellant-father). While on their way, a tractor bearing No. MP13K1981 driven by Sajjan Singh (respondent No.1), collided with the motor cycle on which the appellants were riding. Due to the impact of this collision the appellants fell down and sustained grievous injuries. After medical examination, it was concluded that all the three appellants had fractured their femur, tibia and fibula bones on their right leg and had to undergo an operation at National Hospital Bhopal where a rod and a ring were implanted on each one of their right leg. Upon further medical examination, it was found that the right leg of all the three appellants had become one inch shorter due to the injuries caused to them in the accident. Therefore, the appellant-minor daughter and the appellant-father were determined with 30% permanent disability and the appellant-minor-son was determined with 20% permanent disability by the doctor who had treated them.
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