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J. C. DOSHI
Rajendrakumar Vithalbhai Patel – Appellant
Versus
Kevalkumar Ramsharan Rana – Respondent
JUDGMENT :
J. C. Doshi, J.
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 01.07.2008 passed by the Motor Accident Claims Tribunal, Panchmahals at Godhra in Motor Accident Claim Petition No.1949 of 2001.
2. Brief facts of the case are as under:
2.1 On 23.04.2001, the claimant was travelling in Luxury Bus No.GJ-17-W-1786 and when the bus reached near the place of accident, at that time, opponent no.1 came driving truck No.HR- 38-A-5336 in rash and negligent manner and dashed with luxury bus. As a result, the claimant received serious injuries.
2.2 FIR of incident was registered before Kalol Police Station being C.R.No.91 of 2001.
2.3. The claimant filed claim petition under section 166 of MV Act being MACP No.1949 of 2001 claiming compensation of Rs.10,00,000/- along with interest @ 15% jointly and severally from driver, owner and insurer of Bus No.GJ-17-W-1786 and Truck No.HR-38-A-5336.
2.4. After appreciating evidence on record, learned Tribunal was pleased to pass judgment and award in tune of Rs.8,19,740/- with 7.5% interest from the date of c
The court emphasized that just compensation must restore the victim to their pre-accident condition while ensuring the assessment of functional disability reflects the severity of injuries sustained.
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
In assessing compensation for personal injury under the Motor Vehicles Act, the Tribunal must consider the specific circumstances of the claimant, including age, disability, loss of amenities, and fu....
The main legal point established is the need for just and reasonable compensation for personal injury, considering the claimant's circumstances and the gravity of the injuries sustained.
Compensation for personal injuries must be just and reasonable, reflecting the severity of the injuries and future loss of earnings, with adherence to established legal principles.
Point of law : Compensation - Tribunal should adopt equitable principles and reasonable approach for determination of just compensation.
The compensation for personal injuries must be just and reasonably adequate based on rational assessments reflecting actual impacts endured due to injuries.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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