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BIREN VAISHNAV, NISHA M. THAKORE
Gujarat State Road Transport Corporation – Appellant
Versus
Sureshbhai Chhotabhai Thakkar – Respondent
JUDGMENT :
Nisha M. Thakore, J.
1. All these appeals arises u/s.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the M.V. Act’) filed at the instance of original opponent no.2 – Gujarat State Road Transport Corporation challenging the judgment and award dated 23rd April, 2016 passed by the learned Judge, Motor Accident Claim Tribunal (Aux.), Vadodara in Motor Accident Claim Petition no.1186 of 2009, Motor Accident Claim Petition no.1187 of 2009, Motor Accident Claim Petition no.1188 of 2009 and Motor Accident Claim Petition no.931 of 2009. By the impugned judgment and award, the Tribunal has partly allowed the claim petition of the respective claimants holding the driver of the S.T. bus – original opponent no.2 – present appellant solely negligent for the accident.
2. Before considering the merits of the case, it would be appropriate to mention that all the aforesaid claim petitions filed by the respective claimants against the same opponents, arises out of the same accident. Though the learned Judge has dealt with each of the claim petitions separately, however, noticing the limited challenge made by the appellant – S.T. Corporation, we have heard these matters togeth
The judgment reinforces the principle that drivers must exercise due care and the burden of proof lies on the party alleging negligence.
The main legal point established in the judgment is the interpretation and application of contributory negligence and compensation calculation guidelines under the Motor Vehicles Act, 1988.
The standard of proof in motor accident claim cases is one of preponderance of probabilities, not beyond a reasonable doubt. Courts/Tribunals should calculate just compensation based on the circumsta....
The court upheld the principle of awarding just compensation based on the multiplier method, emphasizing the need for future prospects and proper deductions for personal expenses.
The main legal point established in the judgment is the apportionment of negligence in motor accidents and the determination of compensation under the Motor Vehicles Act.
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