Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Patel Mayurkumar Ramanlal – Appellant
Versus
Meena Devraj Ramnarayan – Respondent
| Table of Content |
|---|
| 1. claimants argue for enhanced compensation (Para 3) |
| 2. insurance company defends tribunal's award (Para 4) |
| 3. concept of just and fair compensation (Para 5) |
| 4. consideration of negligence and compensation (Para 6) |
| 5. enhanced compensation awarded (Para 7) |
| 6. order for appeals (Para 8) |
ORDER :
1. Since both the First Appeals filed u/s 173 of the Motor Vehicles Act, 1988 (in short “the Act”) arise out of selfsame accident having judgment and award in two different MACP being MACP Nos. 568 of 2012 and 569 of 2012 filed u/s 166 of the Act and partly-allowing both the petitions by judgment and award dated 30.08.2017 passed by the learned MACT (Aux), Sabarkantha, they are being disposed of by this common order.
2. Brief facts of the case are as under :
2.1 The brief fact of the present appeal is such that on 29.06.2012, deceased minor Brijkumar Patel and his mother Sonalben Patel were travelling in Innova Car No.GJ-1-HK-9888 towards Airport and when they reached near the place of accident, one Tanker No.RJ-14-G-7196 came in rash and negligent manner and dashed with the Innova car and upon occurrence of the accident, both deceased persons sustained fatal injuries and later on die
The court clarified the distinction between composite and contributory negligence, enhancing compensation for the claimants based on erroneous Tribunal findings.
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
Point of Law : “Composite negligence” refers to the negligence on the part of two or more persons.
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
The main legal point established in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
The main legal point established in the judgment is the application of the concept of composite negligence in determining liability for a fatal accident and the statutory duty to award just compensat....
Point of Law : Negligence - Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, g....
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....
Point of law: When two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims tha....
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
