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SANDEEP N. BHATT
Fulvantidevi Ramayanram Mochi – Appellant
Versus
Kalvantsingh Laxmansingh Jatt – Respondent
JUDGMENT :
Sandeep N. Bhatt, J.
1.1. Leave to amend the cause title - spelling of appellant No.1 is granted.
1.2. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant/s - original claimant/s - legal heirs of the deceased - Ramayanram @ Ramayanprasad Jataram Mochi, being aggrieved and dissatisfied with the judgment and award dated 09.02.2018 passed by the Motor Accident Claims Tribunal (Aux.-8), Gandhidham, District : Kachchh in Motor Accident Claim Petition No.125 of 2009, by which the Tribunal has awarded compensation of Rs.6,74,800/- with 7.5% per annum interest to the claimant/s, holding Opponents No.1 to 3 i.e. driver, owner and insurance company of Trailer Dumper No.GJ-12-Z-3684 jointly and severally liable to 50% amount of compensation and opponents No.4 and 5 i.e. owner and insurance company of Dumper No.GJ-12-V-8756 are jointly and severally liable to pay 50% amount of compensation.
2. Brief facts of the case are as under:
The court emphasized the necessity of just and fair compensation under the Motor Vehicles Act, ensuring calculations reflect the deceased's income and family circumstances.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
The Motor Vehicles Act emphasizes just compensation, which must be fair, reasonable, and equitable based on the circumstances of each case.
The case establishes the principle of just compensation in wrongful death claims under the Motor Vehicles Act, emphasizing fair assessment based on the loss of income and family dependency.
The court emphasized that compensation under the Motor Vehicles Act must be just and may exceed the claimed amount, ensuring fair assessment based on evidence.
The court established that compensation awarded under the Motor Vehicles Act must be just and reasonable, irrespective of the amount claimed, emphasizing the tribunal's duty to assess fair compensati....
Section 168 of Act, 1988, deals with concept of 'just compensation' and same has to be determined on foundation of fairness, reasonableness and equitability on acceptable legal standards. The concept....
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