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2011 Supreme(SC) 455

G.S.SINGHVI, ASOK KUMAR GANGULY
Urviben Chiragbhai Sheth – Appellant
Versus
Vijaybhai Shambhubhai Joranputra – Respondent


Advocates Appeared:
For the Appellants:Bharat Rao, Advocate.
For the Respondents Ms. Manjeet Chawla, P.K. Seth, Vijay Verma, Advocates.

Judgment :

GANGULY, J.

1. Delay condoned.

2. Leave granted.

3. On 18.5.1990, the appellant and others were going in a Fiat car (No. GGG 792), owned by the second respondent, from Surat to Ubhrat. The said car was driven by the first respondent, who lost control of the car and dashed the car with full force against a milestone, after which the car turned turtle thrice. As a result, the occupants of the car sustained serious injuries.

4. The appellant filed a claim petition before the Motor Accident Claims Tribunal (MACT) claiming compensation of Rs.15,00,000/-. At the time of the accident, she was aged 30 years and she claimed to be earning Rs.1,500/- to Rs.1,600/- per month from running a business in the name of Contessa Beauty Parlour at Ahmedabad.

5. Before the MACT it was established that the first respondent was absolutely liable for the accident in view of his careless, rash and negligent driving. Thus, the first respondent (driver), second respondent (owner of the car) and the third respondent (insurance company with which the car was insured) were held jointly and severally liable to pay compensation to the appellant. In the accident, the spinal cord of the appellant was dama


































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