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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
HEIRS OF DECD. ABDUL KADAR MUSAMIYA – Appellant
Versus
KASHMIRASINH GURUNAMSINH – Respondent
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 02.03.2006 passed by the Motor Accident Claims Tribunal, Morvi in Motor Accident Claim Petition No.247 of 1992.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on 10.09.1992, the deceased Abdul Kadar was riding taxi Car No.GJ-10-T-1724 from Morvi to Amran and when he reached near the place of accident, opponent No.1 came in Truck No.GQA-6240 in rash and negligent manner and dashed with the taxi car of the deceased and upon occurrence of the accident, deceased sustained fatal injuries and later on died.
3. Learned advocate Mr. Bhatt for the appellants - claimants has submitted that the Tribunal has committed an error in assessing 50% negligence of the deceased who was driver of taxi No.GJ-10-T-1724 in causing the road accident only on the ground that two vehicles are collided with each other on head on collision manner. He would further submit that learned Tribunal while assessing 50% negligence of deceased has failed to consider that other
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The main legal point established in the judgment is the application of principles of negligence and contributory negligence in motor accident cases, along with the determination of compensation for f....
The main legal point established in the judgment is the application of negligence and contributory negligence principles, duty to exercise care, and statutory regulations for driving motor vehicles a....
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
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The court clarified the distinction between composite and contributory negligence, enhancing compensation for the claimants based on erroneous Tribunal findings.
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
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