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GITA GOPI
Dineshkumar Chhatrasinh Koli Patel – Appellant
Versus
Kachrabhai Manabhai Gari – Respondent
JUDGMENT :
1. The claimant is challenging the judgment dated 1.1.2019 passed by the MACT (Aux), Dahod at Limkheda in MACP (New) no.299/17 (Original MACP no.3250/00). The claimant was minor at the time of the accident which occurred on 12.10.1998 and for that, the FIR was filed at Limkheda Police Station bearing I-CR no.249/98. The claimant was going from Limkheda to his Village on cycle to sell milk. He stated that he was riding his cycle slowly with due care and caution. While passing Limkheda Gram Panchayat at about 7.00 a.m., he faced the accident since opponent no.1 came driving his tempo bearing registration no.GJ-17 X- 3564 in a rash and negligent manner and with an excessive and uncontrollable speed, opponent no.1 lost control over the tempo which left the road and came on the side and dashed the claimant who was as per the plaint was aged about 14 years who had filed his application through the guardian and next friend his father Chhatrasinh Patel. On attaining majority, cause title was amended and the minor himself pursued the matter. The original claim petition was renumbered as MACP no.3889/04 and thereafter again numbered as MACP no.299/17.
2. The observation of the Trib
The main legal point established in the judgment is the need to consider non-pecuniary damages in addition to the actual amounts incurred for treatment, transportation, and assistance of attendant, e....
The court upheld the assessment of negligence and compensation, considering the provisions of the Second Schedule to the Motor Vehicles Act and the case of Master Mallikarjun.
The central legal point established in the judgment is the need to compensate child victims based on the degree of disability suffered, considering non-pecuniary damages and the impact of permanent d....
The assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
In cases involving minors and disability due to accidents, courts must adhere to established compensation thresholds reflecting the severity of injury.
The competency of a minor witness to give evidence and the determination of compensation for permanent disability, future loss of income, pain and suffering, and non-pecuniary damages are crucial leg....
Section 168 of the Motor Vehicles Act, 1988 deals with the concept of ‘just compensation’ and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptabl....
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