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A. S. CHANDURKAR, JITENDRA JAIN
Rajesh Shantilal Sejpal (Deleted) , Since Deceased Through Lr’s – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent
JUDGMENT
Jitendra Jain, J. - This first appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'M. V Act') by one Mr. Rajesh S. Shejpal, who met with an accident and subsequently on his death, his legal heirs were brought on record. The present appeal challenges an order passed by the Motor Accident Claim Tribunal, Mumbai (for short 'Tribunal') dated 28th January 2005 in Application No.845 of 1998, whereby the Tribunal dismissed the Application on the ground that drivers of both the vehicles were not negligent and by applying process of elimination the accident occurred by act of God.
2. Brief facts are as under:-
Compensation for motor vehicle accidents must reflect just and equitable principles, recognizing future earnings potential, with interest rates aligned to judicial precedents.
The court ruled that both drivers were negligent, affirming joint liability under composite negligence, and clarified that enhanced compensation beyond the claimed amount is permissible when just com....
The court reaffirmed that a higher compensation than claimed can be awarded to ensure just compensation, highlighting principles of composite negligence and the role of established precedents in dete....
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