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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Sukhiben Wd/o Jayantibhai Bachubhai Rathwa – Appellant
Versus
Kaushikkumar Manvarbhai Bhagat – Respondent
| Table of Content |
|---|
| 1. accident details and deceased's role (Para 1 , 2) |
| 2. claimants' arguments on compensation (Para 3 , 4) |
| 3. insurance company's defense (Para 5) |
| 4. principle of just compensation (Para 6) |
| 5. issues framed by the tribunal (Para 7) |
| 6. insurance company liability (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 7. court's final order (Para 18) |
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellants being aggrieved and dissatisfied with the judgment and award dated 25.4.2018 passed by the Motor Accident Claims Tribunal, Chhotaudepur in Motor Accident Claim Petition No.383 of 2017 (Old No.1875 of 2003).
2. Brief facts of the case are as under:
2.1 The brief fact of present case is that while on 20.6.2003 at about 04.30 a.m. deceased was labour and was travelling on Tractor No. GJ-6-A-9302 & Trolley No. GJ-X-2894 as labourer for loading-unloading of soil at that time while tractor was climbing on ascent road at that time due to rash and negligent driving of respondent No.1, he lost control over vehicle and front wheels of tractor got hung up, in result deceased fell down on the road and wheels of trolley rolled over h
The court emphasized the principle of just compensation under the Motor Vehicles Act, mandating that insurance companies remain liable even if the policy is in the name of a deceased owner, provided ....
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The court emphasized the importance of calculating compensation based on gross salary, considering future prospects and directed insurance companies to deposit compensation first despite policy breac....
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
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