HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
BABUBHAI VIRABHAI – Appellant
Versus
JABIZ ROHINTAN SABVALA – Respondent
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 8.8.2019 passed by the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claim Petition No.201 of 2016.
2. Brief facts of the case are as under:
2.1 That on on 06.03.2016 at about 9.00 pm the appellant was driving his motor cycle at moderate speed following traffic rules and when he reached near Chamunda Dharamshala, on Chotila-Rajkot Highway at that point of time opponent car came from behind and rammed into the motorcycle due to which the appellant received serious injuries over his body.
3. Learned advocate for the appellant - claimant has submitted that the Tribunal has committed an error in not properly calculating the amount of compensation. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like pain, shock and suffering, transportation, special diet, medical expenses etc.
3.1 He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal
The court emphasized the necessity of just and fair compensation in personal injury claims, mandating a liberal approach to calculating damages for pain, suffering, and future loss of income.
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, mandating a holistic approach to calculating damages, including future prospects and medical expenses.
The court emphasized the necessity of a holistic approach in calculating compensation under the Motor Vehicles Act, ensuring future prospects and negligence are adequately considered.
The court emphasized that the Motor Vehicles Act mandates just and fair compensation, requiring a holistic approach to calculating damages for road accident victims.
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, requiring a holistic approach in calculating damages, including future prospects.
Compensation for injuries must be based on actual loss of income and the impact of disability on earning capacity, not on arbitrary assessments.
Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.
The court emphasized the necessity of just and fair compensation under the Motor Vehicles Act, ensuring that awards reflect the true extent of loss and suffering.
The court emphasized the need to assess future earning potential for non-earning minors in compensation cases, particularly considering the impact of injuries on their functional capacity.
Compensation in motor accident claims must be just and fair, reflecting the victim's pain, suffering, and future prospects, rather than merely a mathematical calculation.
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