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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Umiya Nitingar Goswami – Appellant
Versus
Pratapbhai Valabhdas Chthani – Respondent
| Table of Content |
|---|
| 1. establishing facts surrounding the accident leading to injury. (Para 1 , 3) |
| 2. arguments regarding sufficiency of compensation and negligence. (Para 4 , 5) |
| 3. court observations on laws and precedents guiding compensation assessment. (Para 7 , 8) |
| 4. application of the ratio decidendi concerning compensation calculations. (Para 9 , 10) |
| 5. court's final conclusion on awarded compensation. (Para 18) |
JUDGMENT :
HASMUKH D. SUTHAR, J.
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant–original claimant. against the judgment and award dated 26.04.2018 passed by the learned Motor Accident Claims Tribunal (Auxi), Bhuj-Kutch in MACP No.32 of 2014.
2. Heard learned advocates for the respective parties. Though served, none appears for respondent No.1.
3. The brief facts of the case are that on the date of the accident, after offering prayers at Drabudi Temple, the applicant was returning to Village Gundiyari along with her mother, sisters, and other relatives and was walking on the extreme left side of the road on the kacha portion. At about 12:15 p.m., when they reached near the place of the accident, Opponent No. 1 approached from b
Legal principle underscores that compensation should be just and reflective of a claimant's lifelong deprivation from injuries, factoring both physical and emotional impacts.
A minor child suffering permanent disability in a motor accident must not be treated as a non-earning individual. Compensation should be calculated using minimum wages for skilled workers, including ....
A minor child suffering permanent disability in a motor accident must not be treated as a non-earning individual; compensation for loss of income should be calculated using minimum wages for skilled ....
The court re-evaluated the compensation for injury based on realistic socio-economic conditions and established that compensation must adequately reflect the loss and suffering sustained by the claim....
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
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