SAJJANBEN NATHUBHAI DAYMA Vs. GURUDIPSINH CHARANSINH JAT
LAWS(GJH)-2016-6-345
HIGH COURT OF GUJARAT
Decided on
June 06,2016
Sajjanben Nathubhai Dayma
Appellant
VERSUS
Gurudipsinh Charansinh Jat
Respondents
Referred Judgements :-
SMT.NEETA KALLAPPA KADOLKAR V. DIVISIONAL MANAGER,M.S.R.T.C.,KOLHAPUR [REFERRED TO]ASHA VERMAN V. MAHARAJ SINGH [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. TRILOKCHANDRA [REFERRED TO]
ASHWANI KUMAR MISHRA VS. P MUNIAM BABU [REFERRED TO]
NAGAPPA VS. GURUDAYAL SINGH [REFERRED TO]
RAJ RANI VS. ORIENTAL INSURANCW CO LTD [REFERRED TO]
NINGAMMA VS. UNITED INDIA INSURANCE CO LTD [REFERRED TO]
URMILA VS. RASHPAL KAUR [REFERRED TO]
IBRAHIM VS. RAJU [REFERRED TO]
MULLA MD ABDUL WAHID VS. ABDUL RAHIM [REFERRED TO]
MUNICIPAL CORPORATION OF BOMBAY VS. KISHAN GANGARAM HIRE [REFERRED TO]
DEVKINANGAN BANGUR VS. STATE OF HARYANA [REFERRED TO]
BALRAM PRASAD VS. KUNAL SAHA [REFERRED TO]
ANJANI SINGH VS. SALAUDDIN [REFERRED TO]
KALA DEVI VS. BHAGWAN DAS CHAUHAN [REFERRED TO]
CHANDERI DEVI AND ORS. VS. JASPAL SINGH AND ORS. [REFERRED TO]
JUDGEMENT
Mr. S.G. Shah, J. -
(1.)Heard learned advocate Mr. Hemant S. Shah for the appellants and learned advocate Mr. Dakshesh Mehta for the defendant - insurance company.
(2.)Appellants herein are original claimants being widow and minor children of the victim of road accident whereas defendants are driver, owner and insurer of the vehicle in question. Since appeal is by claimants for enhancement of the amount of compensation, factual details of incident and history of litigation is not much material.
(3.)However, it is to be recollected that one Nathubhai Bhavsanbhai Dayma met with a vehicular accident on 08.02.1992 when a truck No. DIG-7466 has dashed him on side of the road where he was standing, because of the rash and negligent driving of the driver of the truck. In such incident victim was succumbed to his injuries. For which, his legal heirs have preferred Motor Accidents Claim Petition No. 569 of 1992 before Motor Accident Claims Tribunal (Main) of Ahmedabad (Rural). By judgment and order dated 14.10.1999, the tribunal has awarded an amount of Rs.1,93,750.00 with 12% interest and proportionate cost. The claimants are widow of the victim, so also widow mother and six minor children and one major daughter. To consider the quantum of compensation, that may be awarded to the victim, following details are relevant:JUDGEMENT_345_LAWS(GJH)6_2016.html
(2.)Appellants herein are original claimants being widow and minor children of the victim of road accident whereas defendants are driver, owner and insurer of the vehicle in question. Since appeal is by claimants for enhancement of the amount of compensation, factual details of incident and history of litigation is not much material.
(3.)However, it is to be recollected that one Nathubhai Bhavsanbhai Dayma met with a vehicular accident on 08.02.1992 when a truck No. DIG-7466 has dashed him on side of the road where he was standing, because of the rash and negligent driving of the driver of the truck. In such incident victim was succumbed to his injuries. For which, his legal heirs have preferred Motor Accidents Claim Petition No. 569 of 1992 before Motor Accident Claims Tribunal (Main) of Ahmedabad (Rural). By judgment and order dated 14.10.1999, the tribunal has awarded an amount of Rs.1,93,750.00 with 12% interest and proportionate cost. The claimants are widow of the victim, so also widow mother and six minor children and one major daughter. To consider the quantum of compensation, that may be awarded to the victim, following details are relevant:
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