AHMEDABAD HIGH COURT
Not Mentioned, Not Mentioned
legal heirs of the deceased, Sanjaybhai Madhabhai Parmar – Appellant
Versus
insurance company – Respondent
| Table of Content |
|---|
| 1. factual basis for the compensation claim and initial judgment. (Para 1 , 2) |
| 2. legal standards for fair compensation evaluation under relevant statute. (Para 5) |
| 3. final ruling on compensation award and appeals decision. (Para 7 , 8) |
1. The present first appeal, under S.173 of the Motor Vehicles Act , 1988, is preferred by the appellants / original claimants - legal heirs of the deceased, Sanjaybhai Madhabhai Parmar, being aggrieved and dissatisfied with the judgment and award dated 4.4.2019 passed by the Motor Accidents Claims Tribunal (Aux.), Gandhinagar in Motor Accident Claim Petition No. 282 of 2012, by which the Tribunal has awarded compensation of Rs.4,58,400 with 9 per cent per annum interest to the claimants, holding opponent Nos. 1 and 2, i.e., owner and insurance company of Eicher truck bearing registration No. GJ - 27 - T - 8111 liable, jointly and severally.
2. Brief facts of the case are as under.
2.1 That on 12.5.2012 at about 7.30 p.m., when deceased, Sanjaybhai Madhabhai Parmar, was going on his motor cycle bearing registration No. GJ - 1 - LS - 9866 and was passing near Surya Hotel, Ranasan Patiya, at that time, the driver of Eicher truck bearing re
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