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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ABHAY S.WAGHWASE
Archana W/o Vijaykumar Rawate – Appellant
Versus
Brijesh S/o Shriram Ahirwar – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. In all four First Appeals are offshoots of one and the same accident, but are arising out of distinct claim petitions bearing Nos.247 of 2015 and 248 of 2015, which are at the instance of original claimants, who are heirs of deceased, who died in road traffic accident. In nutshell, two First Appeals bearing no. 2159 of 2019 and 2160 of 20119 (at the instance of claimants; whereas two First Appeal Nos. 2161 of 2019 and 2162 of 2019 (at the instance of Insurance Company) are hereby taking exception to two different judgments and awards passed by the Motor Accident Claims Tribunal, Latur on account of one accident between truck and jeep dated 24.07.2015. Hence, these four appeals are being disposed of by common judgment.
FACTS GIVING RISE TO APPEAL NO.2159/2019 (M.A.C.P. NO.247/2015) ARE AS UNDER:
2. The accident claim petition bearing No. 247 of 2015 has been filed by the wife and sons of the deceased Vijaykumar, along with his parents. The claim is directed against the driver and owner of the offending truck bearing No. MP-22/H-0220, their insurer (respondent No. 3), as well as the owner of the jeep bearing No. MH-24/V-7638 and its insurer (respondent
Court enhanced compensation based on established negligence of the truck driver and insufficient initial awards, reaffirming principles of just compensation in accordance with established legal prece....
The central legal point established is the assessment of just and reasonable compensation under the Motor Vehicles Act, considering various factors such as future income, consortium, funeral expenses....
The court established that unauthorized travel does not exempt the Insurance Company from liability when a worker is fatally injured due to the driver's negligence while supervising the work.
: Death in motor accident – Where there is no definite evidence about earning of victim guess work can be infused by courts in order to assess earning of deceased.
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
The court affirmed the principle of just compensation in motor accident claims, emphasizing the need for adequate assessment of loss of dependency and future prospects based on established income.
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