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HIGH COURT OF GUJARAT
BIREN VAISHNAV, MAULIK J. SHELAT
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Ketanbhai Ashokbhai Patel Alias Dobariya – Respondent
JUDGMENT :
(MAULIK J. SHELAT, J.)
1. The present appeal is filed by original opponent No.6 - insurance company under Section 173 of Motor Vehicles Act (hereinafter referred to as “the M.V.Act”) challenging the judgment and award dated 11.03.2024 passed by Motor Accident Claim Tribunal, 9th Additional District Judge, Surat in Motor Accident Claim Petition (MACP) No. 730 of 2012.
2. The appellant has challenged the impugned award to the extent of Rs.32,01,666/- out of total awarded amount of Rs.1,06,72,221/-, as its insured driver was held 30% negligent for causing accident.
3. The parties will be referred to as per their original position before the Tribunal.
4. Short facts of the case appear to be that
4.1 on 27-02-2012 at about 4:30 to 5:00 a.m. in the morning, when Claimant was traveling from Dhola to Surat as a passenger in Luxury Bus bearing Registration No. GJ-5-Z 2088, which was driven by Opponent No.1 and owned by Opponent No.2 and when he was passing Opp. Shivshakti Hotel in periphery of Manglej Village on National Highway No.8, a Dumper bearing Registration No. GJ-16-W-0048, which was driven by Opponent No.4 and owned by Opponent No.5 was parked on the middle of the road without
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
it should be at least Rs. 6,00,000/- if the disability is more than 90%. As far as the present case is concerned, in addition to the 100% physical disability the young girl is suffering from severe i....
Point of law : The multiplier system should be followed not only for determining the compensation on account of loss of income but also for determining the attendant charges etc.
Compensation for accident victims must be just and equitable, reflecting long-term impacts, including future medical needs and pain; under-compensation in previous awards is impermissible under statu....
The court emphasized that compensation must reflect the realities of life and the claimant's permanent disability, enhancing the total compensation to Rs.10,00,400/- to ensure justice.
Permanent disability caused in road accident – By arithmetical calculation, it cannot be decided what may be exact amount of money which would represent pain and suffering to a person, but as per rec....
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the impact on the claimant's life, necessitating an enhancement of the initial award.
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