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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MOOL CHAND TYAGI
Sanjivkumar Bhikhabhai Patel – Appellant
Versus
Safi Mohammad Ibrahim Vora – Respondent
JUDGMENT :
Mool Chand Tyagi, J.
1. The captioned appeal is filed against the impugned judgment and award dated 11.12.2008 passed by the Motor Accident Claims Tribunal (Aux), 1st Fast Track Court at Nadiad in Motor Accident Claim Petition No.684 of 1997, whereby the learned Tribunal has awarded a sum of Rs.1,49,500/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.
2. The succinct facts leading to file the present appeal is that on 29.01.1997, the original claimant/appellant herein along with his friend namely Kalpeshbhai was going to their house on scooter, when they were proceeding on the road parallel to the railway track between Mahemdabad and Ahmedabad, in the meantime, the respondent No.1 came with his matador bearing registration No.GJ-7-X-5938 in rash and negligent manner at an excessive speed so as to endanger the human life and hit the scooter. In the said accident, the appellant and his friend sustained grievous injuries and he was taken to the hospital where he remained admitted as an indoor patient for a long period. It is also the case of the appellant that at the time of accident the
The court established that a qualified mechanic's income must reflect their potential earnings and adjusted the compensation awarded by the Tribunal, ensuring just remuneration for injuries sustained....
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
Minimum wage standards must be considered for calculating compensation in personal injury cases, especially when assessing future loss of income due to permanent disabilities.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
Calculation of future income and compensation in motor accident claims.
The central legal point established in the judgment is the assessment of compensation for loss of future earnings based on the impact of permanent disability on earning capacity, and the application ....
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