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J. C. DOSHI
Jerajbhai Devjibhai Patel (Decd thr. heirs) – Appellant
Versus
Driver Of Truck No. HR-14-2324 [Deleted] – Respondent
JUDGMENT :
(J.C. Doshi, J.)
1. These are claimants’ appeal filed u/s 173 of the Motor Vehicles Act, 1988 (in short “the Act”).
2. First Appeal No.539 of 2006 is filed by the appellants being aggrieved and dissatisfied with the Judgment & Award passed in Motor Accident Claim Petition No.260 of 1992 dated 09-06-2005 by the learned Motor Accident Claims Tribunal (Auxiliary), Morvi,.
2.1 First Appeal No.352 of 2006 is filed by the appellants being aggrieved and dissatisfied with the Judgment & Award passed in Motor Accident Claim Petition No.259 of 1992 dated 09-06-2005 by the learned Motor Accident Claims Tribunal (Auxiliary), Morvi.
3. I propose to decide both these appeals by common judgment, as both of them arise from selfsame common judgment and award.
4. Brief facts of the case are as under:-
4.1 On 19.10.1992, deceased Jerambhai Dev jibhai and decd. Hemantsang Gangaram both were coming on Scooter towards Morvi. Decd. Hemantsang was sitting on back seat. When they rashed near the factory of Ajanta Clock at about 13.15 hrs. at that time the truck No. HR-14-2324 came from wrong side rashly and negligently with Ingla full speed and dashed with the aforesaid scooter. Both the decd. su
The court emphasized the principles of composite negligence and the necessity for just and fair compensation in motor vehicle accident claims, correcting errors in the assessment of contributory negl....
The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine com....
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....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
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 application of the principles of negligence, contributory negligence, and composite negligence in determining liability and apportioning compen....
In case all the joint tort feasors have been impleaded and evidence is sufficient, it is open to the court/tribunal to determine inter se extent of composite negligence of the drivers
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