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STATE OF GUJARAT Versus VINAYKUMAR MAGANBHAI VARIA & 3

Liability to pay compensation - motor vehicle accident - whether once the vehicle was insured, the Government would not be liable to pay the compensation? - Held that:- As per the evidence placed before the Tribunal, no proof was produced to effect the service of requisition order. The Tribunal on facts found that the requisition order was not served upon the owner. Under these circumstances, if the owner had not paid the amount and the vehicle was under the requisition and in possession of the .....

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#8377; 1,00,000/- i.e. ₹ 1,48,161/-, the tax would be ₹ 48,461/- on the basis of tax slab of 10%. It would be roughly ₹ 4,800/- per year and if multiplier of 14 is considered, the said amount would be ₹ 67,200/- towards deduction of income tax. At the same time, another relevant aspect is that the Tribunal has awarded a meager amount of ₹ 10,000/- towards loss of consortium, ₹ 10,000/- towards loss of love and affection and ₹ 10,000/- towards loss of est .....

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the total amount awarded by the Tribunal. Hence, we find that the amount already awarded by the Tribunal would meet with principle of just compensation and, therefore, we find that on such ground, no interference would be called for and the said contention, therefore, would fail. - Decided against revenue. - FIRST APPEAL NO. 914, 915 of 2015, CIVIL APPLICATION NO. 5727, 5728 of 2015 - Dated:- 7-5-2015 - MR. JAYANT PATEL AND MR. G.B.SHAH, JJ. FOR THE APPELLANT : MR DHAWAN JAYSWAL AGP ORDER (PER .....

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ards Godhra, at that time at about 0.30 hours (at midnight), when they reached near Lilesara Village, the driver of the jeep lost control over the steering of the vehicle because of the speed and resultantly, the car dashed with one stationary truck bearing Registration No.MP-11-9031 and there was an accident. In the said accident, the aforesaid both deceased initially sustained injuries and then they succumbed to the injuries. The aforesaid accident gave rise to two claim petitions one was M.A. .....

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may record that First Appeal No.914/2015 arises from the judgment and awarded passed in M.A.C.P. No.1511/2005, whereas, First Appeal No.915/2015 arises from the judgment and award passed in M.A.C.P. No.1873/2005. [3] We have heard Mr.Dhawan Jayswal, learned Assistant Government Pleader for the appellant - State in both the appeals. [4] The first contention raised by learned Assistant Government Pleader was that once the vehicle was insured, the Government would not be liable to pay the compensa .....

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of the State Government. It is an admitted position that the vehicle in question was requisitioned by the State initially for election duty. It is also an admitted position that the additional amount of premium which otherwise was payable but not paid by the owner of the vehicle. Resultantly, the liability in law could not be fastened upon the owner of the vehicle and consequential insurance company of the vehicle. [6] Learned Assistant Government Pleader attempted to contend that in the requis .....

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it was mentioned that the owner had to pay additional premium. But as per the evidence placed before the Tribunal, no proof was produced to effect the service of requisition order. The Tribunal on facts found that the requisition order was not served upon the owner. Under these circumstances, if the owner had not paid the amount and the vehicle was under the requisition and in possession of the Government, if the Tribunal has fastened the liability upon the Government, such approach on the part .....

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t while calculating the amount of dependency benefits, the Tribunal has to consider the deduction which may be for the income tax and it is also true that as per the decision of the Apex Court in the case of Smt. Sarla Verma and Ors.v. Delhi Transport Corporation and Anr. reported in AIR 2009 SC 3104 = (2009) 6 SCC 121, the deduction towards the income tax may be considered by the Tribunal. Even if the contention is considered for the sake of consideration, two aspects need to be recorded. One i .....

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