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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MOOL CHAND TYAGI
Shardaben Bhikhubhai Vekariya – Appellant
Versus
Mayurbhai Vitthalbhai Movaliya – Respondent
ORDER :
MOOL CHAND TYAGI, J.
1. Both the captioned appeals are arising out of the common impugned judgment and award dated 18.07.2024 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Gondal in MACP No.37/2020 and MACP No.38/2020, therefore, both the captioned appeals are decided analogously.
2. The brief facts leading to file the present appeals are that the claimants of both claim petitions have filed the claim petitions under Section 166 of the Motor Vehicle Act, 1988 for getting the compensation of Rs.18,00,000/- in each case towards the compensation on account of the death of Hirenbhai Bhikhubhai Vekaria and Abhaybhai Ravjibhai Parmar in vehicular accident which occurred on 12.03.2020. On 12.03.2022, Hirenbhai Bhikhubhai Vekaria was riding the motorcycle bearing registration no.GJ-03-DM-3290 while Abhaybhai Ravjibhai Parmar was the pillion rider. They both were returning after appearing in the examination of 12th standard from Gondal to their village-Mota Dadva and when they reached on Gondal-Ghoghavadar Road near Ghoghavadar Chok, in the meantime, the driver of BMW Car bearing registration no.GJ-03LB-4554 came driving his car from the opposite direction in exce
The court emphasized the need to accurately assess contributory negligence and the appropriate income level for deceased students when determining compensation under the Motor Vehicles Act.
The assessment of compensation in motor accident claims must consider contributory negligence and actual earning capacity of the deceased.
The main legal point established in the judgment is the application of negligence, contributory negligence, and composite negligence principles in motor accident cases, and the need for new strategie....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
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