Gujarat High Court

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High Court of Gujarat Enhances Compensation for Injured Tempo Driver in Motor Accident Claim. Tribunal's failure to award vehicle damage as third-party property and to properly assess income leads to enhanced award under Motor Vehicles Act, 1988....

The appellant, Dhansukhbhai Ichchhubhai Patel, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal (Auxi.), Surat. He sustained injuries in a vehicul...

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Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Apportionment Not Permissible Under No-Fault Liability Scheme. Claimants entitled to full compensation without deduction for contributory negligence as petition under Section 163A is structured on no-fault basis....

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP No.883 of 2015. The appellants, being the widow and...

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Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A, Holding Negligence Assessment Impermissible and Additional Premium Coverage Binding on Insurer. The court set aside the Tribunal's deduction of compensation on account of contributory negligence and directed payment of full structured formula compensation....

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP No.883 of 2015. The appellants, who are the origina...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988....

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 19.04.2019 passed by ...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent and Enhances Compensation. Contributory Negligence Not Applicable to Third-Party Claimant; Income of Injured Assessed at Rs.3,000 per Month Under Motor Vehicles Act, 1988....

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 19.04.2019 passed by the Motor Accident Clai...

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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Incorrect Income Assessment. The court held that the claimant was 50% contributorily negligent and reduced the monthly income from Rs. 9,000 to Rs. 4,500, setting aside future prospects and modifying personal expenses deduction....

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who sustained injuries while driving a dumper (Reg. No. GJ-16-W-4632) on 15.03.2013...

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Gujarat High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Income Assessment Error. Claimant's contributory negligence fixed at 50% and income reduced from Rs.9,000 to Rs.6,000 per month under Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who sustained severe injuries due to electrocution while driving a dumper (Reg. No....

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High Court of Gujarat Partially Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 10% to Nil and Enhances Income Assessment. Claimant's Income Reassessed at Rs.6,000 per Month Based on Rickshaw Driving Occupation, Resulting in Increased Compensation....

The appellant, Nizambhai Amadbhai Karavat, was the original claimant in a motor accident claim petition arising from an accident on 22.05.2015. While he was riding a motorcycle with a pillion rider, a...

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High Court of Gujarat Partially Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 10% to 5% and Enhances Income from Rs.5,000 to Rs.6,000 per Month. The Court held that the Tribunal erred in assessing contributory negligence and income without proper evidence, and modified the award accordingly....

The appellant, Nizambhai Amadbhai Karavat, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 22.05.2015. He was a pi...

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High Court of Gujarat Allows Appeal in Part in Motor Accident Claim for Pillion Rider Injured in Collision with Chhakado Rickshaw. Negligence Apportionment of 10% on Motorcycle Driver Set Aside as Rickshaw Driver Was Solely Negligent Under Section 173 of Motor Vehicles Act, 1988....

The appellant, Ajitbhai Yusufbhai Jodhpura, was a pillion rider on a motorcycle when a chhakado rickshaw collided with it. He filed a claim petition seeking Rs.4,00,000 compensation. The Motor Acciden...