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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Mool Chand Tyagi, J
Oriental Insurance Company – Appellant
Versus
Heirs Of Valjibhai Khodabhai – Respondent
| Table of Content |
|---|
| 1. procedural background and history of the litigation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contention regarding negligence, income calculation, and scope of compensation. (Para 7 , 8 , 9) |
| 3. appreciation of evidence to determine contributory negligence and established baseline income. (Para 10 , 11 , 12) |
| 4. application of multipliers, future prospects, and standard heads of non-pecuniary compensation. (Para 13 , 14 , 15 , 16 , 17) |
| 5. the court's obligation to award 'just compensation' and the power to enhance irrespective of formal cross-appeals. (Para 18 , 19 , 20 , 21) |
| 6. determination of interest rates and procedural safeguards for insurance companies under section 170. (Para 22 , 23 , 24) |
| 7. final adjudication, dismissal of appeal, and directions for disbursement of compensation. (Para 25 , 26 , 27) |
JUDGMENT
1. The original opponent No.3/appellant herein – Oriental Insurance Company Limited has preferred the captioned appeal challenging the impugned judgment and award dated 14.02.2001 passed by the learned Motor Accident Claims Tribunal (Main), at Bhavnagar in M.A.C.P. No. 860 of 1998, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum
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