Back
HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
ANJANABEN DAMJIBHAI VAGHASIYA – Appellant
Versus
CHENARAM NENURAM – Respondent
ORDER :
Being aggrieved and dissatisfied with the judgement and award dated 06/10/2015 passed by the Motor Accident Claims Tribunal(Aux.) at Junagadh in claim case no. 244/2007, the appellants have preferred present appeal under section 173 of the Motor Vehicle Act, 1988 whereby the tribunal has awarded compensation of Rs.10,18,144/- with interest @ 9% per annum from the date of filing of the petition till the realization holding the opponents no.1 and 2 to the extent of 50% and rest 50% is attributed to opponent no.3.
2. The short facts of the case are that on 18/2/2007 accident occurred between the Truck bearing registration no. RJ-21GA-1027 and Maruti Car bearing no. GJ-5CF-2767 wherein the deceased received fatal injuries who was sitting in the Maruti car. The said truck tried to overtook the vehicle in front of it however the said vehicle did not given it a side and thus the offending truck dashed and its light went off all of a sudden and thus the car dashed with the truck causing the death of the driver as well as the deceased. The deceased was aged around 32 years and was working as T.F.O machinery repairer whereby used to earn his livelihood. The deceased was also filing his
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....
The court established that compensation under the Motor Vehicles Act must be just and may exceed the amount claimed, considering the deceased's income and family dependency.
The central legal point established is the assessment of just and reasonable compensation under the Motor Vehicles Act, considering various factors such as future income, consortium, funeral expenses....
The Motor Vehicles Act emphasizes just compensation, which must be fair, reasonable, and equitable based on the circumstances of each case.
The main legal point established in the judgment is the application of the principles laid down by the Apex Court in determining the quantum of compensation and the entitlement of the claimants to fu....
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
Death in motor accident – Future prospects are integral component of just compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
