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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
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 facts, which led to the filing of the instant appeal are summarized as under:-
i. On 16.10.2015 at around 2:30 a.m., Mr. Dharmendrasinh Bhupatsinh Parmar (hereinafter referred to as “the deceased”) was travelling on a Dumper bearing Registration No. GJ-18-AX-6132, owned and driven by respondent no. 1, as a conductor. When they reached the highway road near the railway crossing of Village Ambav, due to the negligent driving of respondent no. 1, the said dumper collided with the rear portion of another dumper, which was in a station
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.
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....
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The court established that the contribution of a homemaker must be recognized in monetary terms for compensation calculations, emphasizing the importance of minimum wage standards in assessing loss o....
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