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GITA GOPI
VIJAYBHAI ANUBHAI – Appellant
Versus
RAHUL CHANDRAKANTBHAI – Respondent
JUDGMENT :
GITA GOPI, J.
1. Both these appeals are filed by the appellants who, at the relevant time, while moving MACP no. 12/15 and MACP no. 13/15, were minors. They both have challenged the common judgment and award passed on 11.4.2019 by MACT (Main), Surendranagar making a prayer for enhancement of compensation money.
2. Ms. Ajmera, learned advocate for the claimants has stated that the claimants– minors had sustained physical disability and in MACP no. 12/15, the functional disability has been considered as 35% for the body as a whole, while in MACP no. 13/15, the learned Tribunal has considered functional disability as 13% of the body as a whole, as consented by both the sides. Ms. Ajmera submits that the learned Tribunal was required to follow the yardstick laid down in the case of Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and Another, AIR 2014 SC 736.
3. Per contra, learned advocate Mr. Rathin P. Raval submits that the learned Tribunal has considered the facts and evidence on record and the compensation granted is just and reasonable
The court upheld the assessment of negligence and compensation, considering the provisions of the Second Schedule to the Motor Vehicles Act and the case of Master Mallikarjun.
The main legal point established in the judgment is the applicability of the yardstick laid down in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited & Anr.....
The main legal point established in the judgment is the need to consider non-pecuniary damages in addition to the actual amounts incurred for treatment, transportation, and assistance of attendant, e....
The central legal point established in the judgment is the need to compensate child victims based on the degree of disability suffered, considering non-pecuniary damages and the impact of permanent d....
The court established that compensation for minors suffering permanent disability must consider established guidelines for appropriate quantification of damages.
Court modified compensation amounts awarded for injuries in a motor accident, emphasizing the need for adequate reflection of the severity of injuries according to established precedents.
Section 168 of the Motor Vehicles Act, 1988 deals with the concept of ‘just compensation’ and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptabl....
For minor motor accident victims with documented permanent disability, compensation should be assessed on a consolidated basis per standard judicial norms, rather than strictly employing the multipli....
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