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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Income Proof. Compensation reduced from Rs.35,84,800/- to Rs.22,80,000/- as deceased's income assessed notionally at Rs.1,80,000/- per annum under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 25.03.2022 passed by the Motor Accident Claims Tr...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Loss of Consortium Awarded to Each Claimant. The Court enhanced compensation following the principle that each legal heir is entitled to loss of consortium under Section 173 of the Motor Vehicles Act, 1988.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 04.11...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimants. Held that the Tribunal's assessment of compensation was just and proper, and the insurer is liable to pay the awarded amount.

The case arises from a motor accident claim petition filed by Venkatesh and Neelamma (claimants) seeking compensation for injuries sustained in a trac...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Insurers Upheld. Claimant allowed to amend petition from Section 163A to Section 166 of Motor Vehicles Act, 1988, and compensation enhanced from Rs. 4,50,000 to Rs. 8,50,000 with interest.

The case arises from a motor accident claim filed by Smt. Omana Chetan, widow of S.R. Chetan, who died in a road accident involving a lorry and a car....