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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of a deceased pedestrian, Satish Gavali, who died in a vehicular accide...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Policy Cancelled Due to Cheque Dishonour Prior to Accident. Insurer Not Liable as No Valid Policy Existed on Accident Date Under Motor Vehicles Act, 1988.

The New India Assurance Company Limited appealed against the judgment of the Motor Accident Claims Tribunal which held the Insurance Company jointly a...

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Bombay High Court Dismisses Insurer's Appeal Against Compensation Award in Motor Accident Claim — Quantum Upheld as Not Excessive. Tribunal's Presumption of Monthly Income of Deceased Truck Driver at Rs.2000 in 2002 Held Reasonable Given Occupation and Year.

The case arises from a motor accident claim where the deceased, Sukhvandir Singh, was a driver of a truck (No. CG04 ZC5065) belonging to respondent No...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Tractor Owner and Driver Held Liable for Compensation Despite Insurance Company's Exoneration. Deceased was a Gratuitous Passenger in Tractor Trolley, Not Covered by Insurance Policy; Owner and Driver Liable to Pay Compensation with Interest.

The case arises from a motor accident claim filed by the legal representatives of Bhanudas Kisan Goswami, who died in a tractor-trolley accident on 26...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Driver's Own Negligence Not Covered Under Section 166 of Motor Vehicles Act, 1988. Tribunal's finding of employment and salary set aside; penal interest direction modified.

The case arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the dependents of Nazir Beg, who died in a motor acc...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Multiplier Corrected from 13 to 14 for Deceased Aged 51. Claimants awarded enhanced compensation of Rs.3,45,500/- with interest at 6% per annum under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of deceased K.R. Rajakumara, challenging the judgment and award dated 22.08.2013 passed b...