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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MOOL CHAND TYAGI
Sushilaben, Wd/o. Dharmendrasinh Bhupatsinh Parmar – Appellant
Versus
Pareshbhai Punjirambhai Patel – Respondent
| Table of Content |
|---|
| 1. facts pertaining to the accident and claimant's details (Para 1 , 2) |
| 2. arguments by appellants challenging exoneration of insurance company (Para 4 , 5) |
| 3. court's observations on liability and lack of license requirement for conductor (Para 6 , 7) |
| 4. guidance on determining compensation amount and income for deceased (Para 8 , 9 , 10) |
| 5. calculation of compensation and future loss of dependency (Para 12 , 13 , 14 , 16) |
| 6. final order regarding compensation and directive to insurance company (Para 17 , 18 , 19 , 20) |
JUDGMENT :
MOOL CHAND TYAGI, J.
1. The captioned appeal has been filed against the impugned judgment and award dated 07.02.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad, in M.A.C.P. No. 147 of 2016, whereby the learned Tribunal partly allowed the claim petition and awarded a sum of Rs. 8,70,800/- (Rupees Eight Lakh Seventy Thousand Eight Hundred Only) along with interest at the rate of 9% per annum from the date of filing the Claim Petition until its realization, as compensation from Respondent No. 1 herein, while the Respondent No. 2 – Insurance Company was exonerated from liability to pay the compensation.
2. The succinct
Exoneration of an insurer based on the absence of a driver's license is erroneous; conductors of dumpers do not require such a license under applicable motor vehicle laws.
LMV licence suffices for transport vehicle under 7500kg GVW sans endorsement; self-employed carpenter notional income Rs.800/day on oral evidence; 1/4th personal expenses deduction (4 dependents); 10....
The main legal point established in the judgment is the obligation of the insurer to initially pay compensation, the consideration of future prospects in compensation assessment, and the correct dedu....
The main legal point established in the judgment is the assessment of just compensation under Section 166 of the Motor Vehicles Act, 1988, considering the deceased's income and other relevant factors....
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