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VAIBHAVI D. NANAVATI
MANOJBHAI RANCHHODBHAI BHOI – Appellant
Versus
YASINBHAI AHMEDBHAI VAHORA – Respondent
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. This First Appeal is filed by the appellants-original claimant under Section 173 of the Motor Vehicle Act challenging the judgment and award dated 19.9.2019 passed by the learned Motor Accident Claim Tribunal (Aux.) at Anand in Motor Accident Claim Petition No. 475 of 2017. The said judgment and award according to the appellants herein is contrary to the settled principles of law as laid down in the case of Kishan Gopal and Others vs. Lala and Others, (2014) 1 SCC 244 and that the quantum of the award is on lower side and contrary to the evidence on record.
2. The brief facts leading to the filing of the present appeal read thus:
The main legal point established in the judgment is the application of legal principles from the case of Kishan Gopal and Others vs. Lala and Others, (2014) 1 SCC 244 to calculate the enhanced compen....
Compensation for minors in fatal accidents should reflect potential contributions, with a notional income of Rs.30,000/- applied, leading to an enhanced total of Rs.5,00,000/-.
The main legal point established in the judgment is the application of legal principles from various precedents to determine just and reasonable compensation in motor vehicle accident cases involving....
The court established that in cases of child fatalities due to motor vehicle accidents, the compensation should be calculated using a multiplier method, taking into account the child's potential cont....
The main legal point established in the judgment is the determination of compensation for the deceased based on the notional income and future prospects, as guided by the principles established in re....
The main legal point established in the judgment is the application of the multiplier method and the use of minimum wages for determining notional income in cases of motor accidents involving the dea....
The court established that the notional income for a non-earning child should be set at Rs.30,000 per annum, applying a multiplier of 15 for calculating compensation, considering inflation and emotio....
The main legal point established in the judgment is the application of the Motor Vehicles Act, 1988 (U/s.166) and Rule 455 of Motor Vehicle Rules in determining compensation for a road accident resul....
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