GITA GOPI
Sita Alias Shital Sandipbhai Parmar – Appellant
Versus
Kiritsinh P. Jadav – Respondent
JUDGMENT :
GITA GOPI, J.
1. Challenge has been given by the injured claimant to the judgment of the Motor Accident Claims Tribunal (Auxiliary) and 5th Additional District Judge, Anand dated 24/11/2021 in MACP No. 303 of 2015.
2. The facts of the case as has been noted in the impugned judgment suggests that on 04/5/2015, the applicants of both the matters i.e. MACP No. 303 of 2015 and MACP No. 304 of 2015, were going towards village Vanchiel by travelling in trolley bearing registration no. GJ-23-V-8722 driven by opponent no. 3. It is stated that the trolley was in moderate speed and on the correct side of the road and when they reached near village Sisva Bhadran Road, they met with an accident since opponent no. 1 came driving vehicle bearing registration no. GJ-23-V-3477 in rash and negligent manner and while overtaking he came on the wrong side of the road and dashed his Icer Tempo with the trolley as a result of which both the applicants sustained injuries.
3. Mr. R.G. Dwivedi, learned advocate for the appellant submitted that the appellant claimant had deposed before the court that she was earning Rs. 5,000/- per month by doing agriculture and cattle husbandry business and inspite
Mohd. Sabeer @ Shabir Hussain vs. Regional Manager, U.P. State Road Transport Corporation
The main legal point established in the judgment is that the claimant's income should be considered as per the Minimum Wages Act, and the compensation awarded should account for the impact of the inj....
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 prospective rise in income and functional disability in motor accident claims, emphasizing the need to consider the injured and t....
Recognition of the value of a homemaker's labor, services, and sacrifices, and the need to calculate notional income and grant future prospects for just compensation.
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....
The court considered the impact of sustained disability on the claimant's earning capacity in upholding the compensation amount granted by the Tribunal.
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.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.