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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MOOL CHAND TYAGI
Premkumar Hiraji Mahraji – Appellant
Versus
Dilipsinh Dasubha Jadeja – Respondent
JUDGMENT :
Mool Chand Tyagi, J.
1. The captioned appeal has been preferred against the impugned judgment and award dated 14.10.2009 passed by the learned Motor Accident Claims Tribunal (Aux.), Fastrack Court No. 2, Ahmedabad (Rural) at Mirzapur, in M.A.C.P. No. 528 of 2003, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,35,000/- (Rupees Two Lakh Thirty Five Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.
2. The succinct facts as per the Claim Petition, which lead to the filing of the captioned appeal are summarized as under :-
i. On 05.01.2003, the appellant herein was travelling in the truck bearing Registration No. GJ-18-T-2091 as a conductor/cleaner. While returning to Jetalpur, the respondent No.1- driver of the said truck was driving the truck at an excessive speed, in a rash and negligent manner, endangering human life and when the said truck was passing through the sim of Kenral village on National Highway No.8, another truck which was going ahead of the truck driven by respondent No.1 slowed down, and the respondent No.1 could not co
Minimum wage standards must be considered for calculating compensation in personal injury cases, especially when assessing future loss of income due to permanent disabilities.
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....
The main legal point established in the judgment is the re-assessment of the claimant's income and future loss of income for the calculation of compensation.
The main legal point established in the judgment is the determination of 'just compensation' for personal injuries under Section 168 of the Motor Vehicles Act, 1988, considering pecuniary and non-pec....
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