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A. G. URAIZEE
Ilaba Bhimdevsinh Gohil – Appellant
Versus
Ashokbhai Ghelabhai Dabhi – Respondent
ORDER :
1. Present appeal under Section 173 of the Motor Vehicles Act, 1988 (MV Act for short) is preferred by the appellants – original claimants for enhancement of compensation awarded to them under judgment and award dated 9.1.2020 passed by Motor Accident Claims Tribunal (Aux), District Bhavnagar in M.A.C.P. No. 349 of 2016.
2. The facts giving rise to this appeal are that on 10.9.2016 at about 3 p.m., the deceased Bhimdevsinh Gohil had parked his motorcycle near his field and was standing near his motorcycle. At that time, the driver of the offending truck bearing registration No. GJ-14X-1010 came from his behind at very high and excessive speed in rash and negligent manner and lost control over the steering, as a result, the truck dashed with the deceased Bhimdevsinh Gohil causing serious injuries. The deceased Bhimdevsinh Gohil died on the spot as a consequence of serious injury. The offence punishable under Sections 279, 304(A) of Indian Penal Code and under Sections 184, 177 of M.V. Act came to be registered with Ghogha Police Station vide I-C.R. No. 40 of 2016 against the res
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, particularly in relation to the assessment of monthly income, prospective income, and ....
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
The court modified the compensation assessment by considering future income prospects and family dependency as outlined under the Motor Vehicles Act.
The Motor Vehicles Act mandates that courts award just compensation, which can exceed claimed amounts, based on proper assessment of income and future prospects.
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