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HIGH COURT OF GUJARAT
J. C. DOSHI, J
SAMMABIBI WIDOW OF ABRARKHAN PATHAN – Appellant
Versus
RAMNARAYAN BHAGVANDAS VAISHNAV – Respondent
| Table of Content |
|---|
| 1. deceased was hit by truck (Para 2 , 3) |
| 2. submissions for enhancement (Para 4 , 5) |
| 3. deceased was a skilled person (Para 6 , 7) |
| 4. duty to award just compensation (Para 8 , 9) |
| 5. total compensation awarded (Para 10 , 11 , 12 , 13 , 14 , 15) |
ORDER :
Being aggrieved by and dissatisfied with the judgment and decree dated 26/07/2017 passed by the learned Motor Accident Claims Tribunal at Dahod in MACP No. 194 of 2014, the appellants have preferred present appeal under section 173 of the Motor Vehicle Act, 1988 whereby the tribunal has awarded compensation of Rs.6,77,576/- holding all the opponents jointly and severally with interest @ 9% per annum from the date of filing of the petition till the realization.
2. The short facts of the case are that On 14-05-2014, Abrarkhan Pathan was going to market yard by walking on left side of road. At 20.30 hours, one truck bearing No.RJ-09 GA-2541 came from back-side rashly and negligently driven by its driver in wrong side and hit him from back side, wherein he sustained serious injuries and died during treatment.
2.1 The claim petition was filed seeking compensation of Rs.15,00,000/- and the learned tribunal after considering the evi
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 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 under the Motor Vehicles Act must be just and may exceed the amount claimed, considering the deceased's income and family dependency.
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 entitlement of claimants to compensation for loss of dependency and consortium under the Motor Vehicles Act, emphasizing the need for just comp....
The court affirmed the principle of just compensation under the Motor Vehicles Act, emphasizing that potential earnings should be considered when calculating dependency loss.
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