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BIREN VAISHNAV, NISHA M. THAKORE
Sonalben Wd/o. Samirbhai – Appellant
Versus
Narottambhai Dahyabhai Patel – Respondent
JUDGMENT :
(Nisha M. Thakore, J.)
1. Present appeal arises out of the impugned judgment and award dated 13.01.2016 passed by the learned Motor Accident Claims Tribunal (Auxi), Vadodara in MACP No.89 of 2001 under Section 173 of the Motor Vehicles Act.
2. The brief facts of the case is reproduced as under:
2.1. The appellant no.1 is the wife of the deceased Samir Hashmukhbhai Parikh whereas appellant nos.2 and 3 are the minor daughter and son of the deceased. On 21.11.2000 deceased along with his mother Indiraben Parikh was traveling in Gujarat State Road Transport Corporation bus bearing registration No.GJ-18-4968. The deceased was on his way to visit Chandod for performing after death rituals. It is the case of the original claimants that when said bus had reached near village Palasvada i.e. had approached on Palasvada-Bhilapur Highway, the offending vehicle i.e. truck bearing registration no.GJ-16-U-8958 driven by the respondent no.2 came from the opposite direction, in rash and negligent manner and at an excessive speed and dashed with the ST Bus, resulting an accident. As a result of such impact, both the deceased as well as his mother Indiraben who were traveling in the ST bus s
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
The Court applied the principles laid down by the Supreme Court in determining compensation under the Motor Vehicles Act, emphasizing the retrospective applicability of Supreme Court decisions.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
Point of Law : Compensation on account of loss of love and affection is not permissible but compensation on account of spousal and parental consortium for children is admissible.
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