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BIREN VAISHNAV, MAULIK J. SHELAT
Bajaj Allianz General Insurance Company Limited, Rajkot – Appellant
Versus
Sagarbhai Babubhai Bhambhi – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)
1. The present appeal is filed by the appellant - Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act"), against the judgment and award dated 18.09.2024 passed by the Motor Accident Claims Tribunal (Auxi.) & 6th Additional District Court, Rajkot at Dhoraji in Motor Accident Claim Petition No. 25 of 2020. For the sake of convenience, the parties are referred to as per their position before the Tribunal.
Brief Facts of the Case
2. The brief facts of the case are as follows:-
2.1 That on 09.01.2019, the claimant was coming home on his motorcycle number GJ-02-CJ-2447. When he reached at Ranchhodpura Chowkdi On Vijapur-Himmatnagar road, about 2:00 PM, a truck, bearing registration number GJ-09-AV-9740, dashed with motorcycle of claimant, thereby, the claimant has sustained serious injuries resulted into permanent disablement. So, the claimant had preferred a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.1,60,00,000/- against the opponents i.e. Driver, owner and insurance company of the truck respectively.
2.2 The driver and owner of the
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
The liability of the owner and insurer in motor accident cases, even in the absence of driver negligence, and the maintainability of claim petitions for personal injuries under the M.V. Act.
The liability of the owner and insurer in accidents involving motor vehicles, and the entitlement to compensation in the absence of fault or negligence on the part of the driver.
The court clarified that in motor vehicle accident cases, the assessment of negligence and compensation must consider both the actions of the claimant and the defendant, and future prospects must be ....
The main legal point established is the assessment of compensation for motor accident injuries, considering medical expenses, loss of earnings, and disability percentage.
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
The court ruled that compensation must reflect the claimant's actual earning capacity and the impact of disability, rejecting rigid formulas for calculation.
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