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HEMANT M. PRACHCHHAK
PRADIPBHAI ALIAS PRADHYUMANKUMAR JASHBHAI PATEL – Appellant
Versus
AMARSINGH KUNDANSINGH (DELETED) – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The present Appeal is filed by the appellant-original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux), Fast Track Court No. 2, Vadodara, (hereinafter referred to as “the Tribunal”) vide impugned judgment and award dated 16.10.2007 passed in M.A.C.P. No. 210 of 2002, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs. 3,25,000/-.
2. Brief facts giving rise to the present appeal are that, on 04.02.2003, the present appellant was the drive of the Luxury Bus bearing registration No. GJ-17-W-9832 and was going on a tour with passengers to Himachal Pradesh. On 24.05.1999, when the appellant reached Vaknagadh in Himachal Pradesh, at that time, respondent No. 1-driver of another Luxury Bus bearing registration No. HP-07-3476 coming from opposite direction in a rash and negligent manner with excessive speed, suddenly dashed with the bus of the appellant. Due to this accident, the appellant sustained serious injuries and got severe fractures on right femur and l
The main legal point established in the judgment is the requirement to consider permanent disablement and loss of future income in awarding just and reasonable compensation in motor accident claims.
The court modified the compensation awarded by the tribunal based on a reassessed monthly income and more accurate calculations for permanent disability and loss of amenities.
Court emphasizes the principle of just compensation under the Motor Vehicles Act, recalibrating notional income and assessing pain, suffering, and disability to ensure fair reparation for injuries su....
Court emphasized the need for reasonable compensation for personal injuries and updated assessment of notional income to meet fairness standards, enhancing total awarded amount accordingly.
The main legal point established in the judgment is the importance of justice, equity, and good conscience in awarding just and reasonable compensation for bodily injuries, emphasizing the need to co....
In motor accident injury claims, where permanent disability is claimed based on certificates, the tribunal must award compensation under this head; if the percentage is disputed, the tribunal is duty....
Court modified the compensation awarded in a motorcycle accident case, setting the claimant's income higher and adjusting for various compensation heads based on evidence of injury and loss, while di....
Court must ensure just compensation for injuries sustained, considering income and relevant precedents.
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