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BIREN VAISHNAV, NISHA M. THAKORE
Prajapati Amrutlal Manilal – Appellant
Versus
Ansar Ahemad Mahmadmustak Kureshi – Respondent
JUDGMENT :
(Nisha M. Thakore, J.)
1. The present appeal is filed at the instance of the appellants-original claimants under Section 173 of the Motor Vehicles Act, seeking enhancement of the award amount as against the amount awarded by the Motor Accident Claims Tribunal (main) at Mehsana by its impugned judgment and order dated 05.03.2015 passed in Motor Accident Claim Petition No.749 of 2009. By the said judgment and order, the Tribunal has partly allowed the claim petition preferred by the present appellants for an amount of Rs.30,49,000/- and after deduction of 30% towards the contributory negligency of the deceased, has finally granted the compensation of Rs.21,34,300/- with interest at the rate of 9% per annum with proportionate costs.
2. In nutshell, the occurrence of the accident as stated by the original claimants, is:
2.1 On 21.09.2009, the deceased- Prajapati Dipakkumar Amrutlal was crossing Palavasana-Vijapur Highway on his motorcycle bearing registration no.GJ-2-S-4342 and at around 4:00 p.m., while he had reached near sim of village- Rupal, opposite- Altratech Cement Godown, one trailer bearing registration no.GJ-01-BT-8839 came from the opposite direction in high speed
Compensation under the Motor Vehicles Act must be reasonably quantified, with enhancements based on established principles and inflation, particularly for conventional heads like loss of consortium a....
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
Just compensation principles affirming fair, reasonable evaluations for victims' families in road accident cases, including future earnings and consortium considerations.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
The main legal point established in the judgment is the entitlement of parents to filial consortium and the determination of interest at the rate of 7.5% per annum on the enhanced compensation.
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