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BIREN VAISHNAV, MAULIK J. SHELAT
Heirs Of Patel Mukeshbhai Bachubhai – Appellant
Versus
Nilesh Tejabhai Kotdiya – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. The Present appeal is filed under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the MV Act’) by the original claimants against judgment and award dated 03.07.2010 passed by the Motor Accident Claims Tribunal (Auxiliary) and 1st Fast Track Court, Mahesana in Motor Accident Claim Petition (MACP) No.758 of 2008.
2. Short facts.
2.1 On 21.10.2008 at about 3:30 pm, near railway crossing on Thol Road, Kadi, deceased Mukeshbhai Patel was trying to mount tractor, at that time one dumper bearing registration No.GJ-3-W-7277 came in rash and negligent manner and dashed with tractor. Thereby deceased Mukeshbahi sustained injuries and succumbed to it. The legal heirs of deceased had filed claim petition, claiming compensation of Rs.25,00,000/- from owner and insurance company of dumper involved in the accident.
2.2 The owner of the dumper though appeared through his advocate chosen not to file any written statement whereas opponent No.2 – insurance company had filed its written statement at Exh.50. Thereby, dispute the claim of original claimants.
2.3 After appreciating evidence on record, tribunal has found both the drivers equally negligen
In cases of composite negligence, claimants can recover full compensation from any joint tortfeasor, and deductions must be based on clear evidence of negligence.
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
Point of Law : Negligence - Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, g....
Point of law: When two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims tha....
The main legal point established in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
Insurance companies must pay compensation to claimants before recovering from vehicle owners when the driver holds a fake license, as established by Supreme Court precedents.
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
Point of Law; issue of negligence is concerned, it stands concluded in favour of appellants as there is no cross appeal or rather it has not been pointed out before us that the deceased was a tort fe....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
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