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J. C. DOSHI
New India Assurance Co. Ltd Through – Appellant
Versus
Ramrul @ Munna Lokane Mina – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. As the common judgment is delivered in M.A.C.P. No.1614 of 1991 and M.A.C.P. No.1732 of 1991 by the learned Tribunal, I propose to dispose of two appeals preferred under Section 173 of the Motor Vehicle Act by the Insurance Company by this common judgment.
2. M.A.C.P. No.1614 of 1991 and M.A.C.P. No.1732 of 1991 filed under Section 166 of the Motor Vehicle Act, 1988 are partly-allowed by the Motor Accident Claim Tribunal (Aux.) and F.T.C. No.2, Vadodara by judgment and award dated 13.10.2008 and granted compensation of Rs.2,36,000/- and Rs.56,000/- with interest at the rate of 7.5% per annum from the date of the petition till realization jointly and severally from the defendants. The appeal at the behest of the Insurance Company challenges this judgment and award.
3. The brief facts of the case are as under.
3.1 The facts are that on 07.01.1991 at relevant time, mauje Tarshali bypass, on national Highway No.8, Nala No.128/1, deceased Bharatsih Joresinh Mina was driver and other Badami Sukalal Mina was cleaner on truck. When they reached near on National Highway No.8, at that time wheel of the truck No.UP- 80-9890 ran over deceased Bharatsinh Mina and Bad
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The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
The court upheld that claimants could be entitled to compensation due to negligent driving despite not being dependents at the time of the accident; the incident was ruled as an accident rather than ....
The main legal point established is the requirement to prove rashness and negligence in claims under Section 165 of the Motor Vehicles Act, and the applicability of res ipsa loquitur in determining n....
Negligence in motor vehicle accidents can be established by circumstantial evidence; strict standards of proof are relaxed under the MV Act, emphasizing broader interpretations of causality in liabil....
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