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GITA GOPI
BHAVINBHAI THAKORBHAI RATHOD – Appellant
Versus
KANUBHAI SANABHAI CHAUHAN – Respondent
JUDGMENT :
GITA GOPI, J.
1. The injured claimant aged about 19 at the time of filing of MACP No. 629/97 has challenged the judgment delivered in MACP No. 629/97 on 20.12.2011 by MACT (Aux), Vadodara.
2. The facts of the case as pleaded by the claimant before the Tribunal suggest that he was serving as a cleaner-cum-labourer on truck bearing registration no. GJ-15 V-8683 owned by opponent no. 2. On 22.2.1997, he was returning in the truck after unloading the goods at Anand Taluka and was sitting besides the driver seat. The claimant had urged that the opponent no. 1 had driven the truck in excessive speed and was rash and negligent. When they reached near Village Vaghasi on National Highway no. 8, opponent no. 1 lost control over the vehicle and slided down the road and collided with the tree. As a result, the claimant sustained injuries on body.
3. Mr. Khan submitted that the Tribunal has granted compensation amount of only Rs. 3,30,800/- where the claimant has specifically proved before the Tribunal that he had lost his right leg below knee and the permanent disability has affecte
The central legal point established in the judgment is the assessment of functional disability and its impact on the claimant's earning capacity, as well as the determination of appropriate compensat....
The main legal point established in the judgment is the assessment of prospective rise in income and functional disability in motor accident claims, emphasizing the need to consider the injured and t....
The main legal point established in the judgment is the assessment of disability and compensation under the Workmen’s Compensation Act, 1923, considering the impact of lifelong injuries and the claim....
Assessment of claimant's income based on minimum wages schedule, calculation of future loss of income, and consideration of additional expenses in determining compensation
The main legal point established in the judgment is the assessment of compensation for various heads including future loss of income, actual loss of income, pain, shock, and suffering, medical expens....
The main legal point established in the judgment is the assessment of compensation for permanent disability, loss of future prospects, and the need for just compensation for pain, suffering, and trau....
The court emphasized the importance of considering functional disability and medical evidence in determining just compensation for personal injury under the Motor Vehicles Act, 1988.
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