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BHARGAV D. KARIA
Anilbhai Bachubhai Rathva – Appellant
Versus
Becharsinh Vechatsinh Vaghela – Respondent
JUDGMENT :
1. Heard learned advocate Mr.M.T.M. Hakim for learned advocate Mr.Mohsin M. Hakim for the appellant and learned advocate Mr.Rajesh Chauhan for learned advocate Mr.H.S.Munshaw for the defendant No.2.
2. The appellant is the original claimant who preferred Motor Accidents Claim Petition No.878 of 2007 under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) claiming compensation of Rs.3,00,000/- for the injuries sustained by him in the accident which had occurred on 12th June, 2007 at Kapuari Chowkdi within the jurisdiction of Panigate Police Station of Vadodara City.
3. The facts stated in the claim petition are as under :
3.1. It is the case of the claimant that on 12.06.2007, the claimant was travelling from Idar to Bodeli in S.T.Bus bearing registration No.GJ-18-V-9592 which was being driven by the opponent no.1 in a rash and negligent manner and at a very high speed and when the bus driver i.e. opponent no.1 tried to cross the road without paying attention to other vehicles on road dashed the bus with one Tanker and caused the accident. As a result of this accident, the claimant sustained grievous bodily injuries. Thus, it is averred that the present accide
In composite negligence cases, a claimant can recover full damages from any joint tortfeasor without being compelled to join others, affirming the principle of joint and several liability.
The main legal point established in the judgment is the application of principles related to negligence, composite negligence, and contributory negligence in motor accident claims, as well as the cal....
When a person is in a permanent job, there is always an enhancement due to one reason or the other. To lay down as a thumb rule that there will be no addition after 50 years will be an unacceptable c....
The main legal point established in the judgment is the application of principles for deciding negligence and contributory negligence in motor accident claims, as well as the computation of compensat....
In cases of composite negligence, the plaintiff/claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation as the liability of joint tortfeasors is jo....
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