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GITA GOPI
Prakash Dilipbhai Pagi – Appellant
Versus
Shailesh Kantibhai Pagi – Respondent
JUDGMENT :
1. Advocate Mr. Adnan A.Khan for Advocate Mr. V.A. Mansuri for the appellant submitted that the challenge is given by the claimant-injured to the judgment and award dated 24.11.2022 by Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No.133 of 2018, only on the ground that though the learned Tribunal has followed the judgment of Hon’ble Supreme Court of Mallikarjun Vs. Divisional Manager, National Insurance Company Limited And Another, reported in (2014) 14 SCC 396, and had also considered the disability of 15% for body as a whole; however, has failed to adopt the same; though the Hon’ble Supreme Court has observed the yardstick laid down that in case of disability up to 10 to 30%, a lumpsum and rough estimate of Rs.3,00,000/- is to be awarded.
2. Advocate Mr. Khan submitted that the exceptional circumstances, as has been laid down, to take a different yardstick would be the cases, where the matters would stand on different footing like a permanent disability in the form of bedridden condition of the child, where he would be totally reliant on atten
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 assessment of compensation must reflect the unique circumstances of child victims and consider all factors including pain, suffering, and future medical needs.
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....
The competency of a minor witness to give evidence and the determination of compensation for permanent disability, future loss of income, pain and suffering, and non-pecuniary damages are crucial leg....
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
The main legal point established is the liberal determination of just and reasonable compensation in personal injury cases, considering factors such as loss of future earning capacity, pain and suffe....
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 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 assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
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