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NITIN B. SURYAWANSHI
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Nabhabai Gorakh Gaikwad – Respondent
JUDGMENT :
NITIN B. SURYAWANSHI, J.
1. Heard.
2. Admit. Taken up for final hearing with the consent of parties.
3. This appeal filed under Section 173 of Motor Vehicles Act, challenges judgment and award dated 28.11.2016 passed by learned Member, Motor Accident Claims Tribunal, Dhule, in M.A.C.P. No. 543 of 2012.
4. Facts leading to this first appeal, in brief, can be stated thus:
5. Opponent Nos. 1 and 2/Driver and owner of offending vehicle did not appear in the Tri
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
Negligence in fatal motor accidents must be established on preponderance of probabilities; compensation can be awarded beyond the claimed amount to ensure just and reasonable recompense for claimants....
In motor vehicle accident claims, liability determined based on preponderance of probabilities; unrelated benefits received by claimants do not reduce compensation for wrongful death.
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....
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