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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.L. ODEDRA
Aarifali Sherali Saiyed – Appellant
Versus
Yakubmohhamed Lunat – Respondent
| Table of Content |
|---|
| 1. overview of appeal and previous tribunal award (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning disability and compensation (Para 5 , 6 , 7 , 8 , 9) |
| 3. response to compensation arguments by respondents (Para 10 , 27 , 28 , 29 , 30) |
| 4. court's determination of just compensation factors (Para 11 , 12 , 13 , 14) |
| 5. adjustment of awards according to precedents (Para 15 , 16 , 18 , 19 , 21) |
| 6. final compensation order and method of payment (Para 22 , 25 , 26) |
JUDGMENT :
J.L. ODEDRA, J.
ORDER in First Appeal No.1843 of 2015:
1. The present appeal arises from the judgment and award passed in MACP No.191 of 2007 dated 24.05.2013 by the learned Motor Accident Claims Tribunal (Aux.), Vyara.
2. It appears that by way of the common impugned judgment and award, the Tribunal has been pleased to award a sum of Rs.4,08,240/- along with the simple interest at the rate of 8% per annum in MACP No.191 of 2007 and in respect of MACP NO.192 of 2007, the award amount is Rs.2,86,400/- along with the simple interest at the rate of 8% per annum. It may be noted that the MACP No.191 of 2001 is in respect of the injured claimant Mr.Aarifali Sherali Saiyed. Where, insofar as the heirs of the deceased Rame
The court established that future prospects must be considered in compensation calculations, clarifying that a disability rating directly affects compensation awarded.
The court affirmed the principle of just compensation in motor accident claims, emphasizing the need for adequate assessment of loss of dependency and future prospects based on established income.
Point of law: All the judgments apply retrospectively except otherwise provided. It is well established principle of law that the principle of prospective operation of over ruling of judgment, does n....
Point of law: the respondent-Insurance Company cannot be fastened with the liability to pay the entire compensation. The deceased persons were travelling in a tractor trolley which is not passengers ....
Compensation in motor accident cases must include all income components, excluding only income tax and professional tax, and future prospects should be factored into the multiplicand for just compens....
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