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SANDEEP N. BHATT
New India Insurance Co – Appellant
Versus
Ushaben Chandravadan Gandhi – Respondent
JUDGMENT :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the judgment and award dated 29.09.2012 passed by the Motor Accident Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No. 38 of 2009, by which the Tribunal has awarded compensation of Rs.2,89,700/- with 9% per annum interest to the claimants – respondent Nos.1 to 4, holding Opponent Nos.1 to 3 liable, jointly and severally.
2. Brief facts of the case are as under:
2.1 The respondent No.1 – Ushaben Chandravadan Gandhi is a widow, respondent Nos.2 & 3 are the sons and respondent No.4 is a father of the deceased - Chandravadanbhai. At the time of accident, deceased - Chandravadanbhai was aged about 57 years old and was earning Rs.1,08,000/- annually as mechanic and doing transport business also. On 03.10.2008 at about 1:45 p.m., deceased - Chandravadanbhai was called by Original Opponent No.2 – Dilipbhai Champakbhai Gandhi – owner of the truck for repairing his truck bearing registration No.GJ-19-T-721, deceased - Chandravadanbhai went there, he opened the bonnet, at that time, the bonnet has fallen d
A driver who is found to be a tortfeasor due to contributory negligence cannot claim compensation from their own insurer under the Motor Vehicles Act.
The claimants' entitlement to compensation under Section 163A of the Motor Vehicles Act, 1988 was established based on the nexus between the cause of death and the accident, as well as the nature of ....
The court established that liability for compensation under the Motor Vehicles Act can apply even without proven negligence if an accident occurs outside a driver's control.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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