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

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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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 s...

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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 ...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved. Compensation of Rs.10,72,500/- with 9% Interest Upheld as Just and Proper Under Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Company Limited against the judgment and award dated 07.11.2015 passed by the Motor Accident Cl...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Deemed Income of Cleaner/Driver Enhanced from Rs.5,000 to Rs.7,500 per Month. Contributory Negligence Apportionment of 70:30 Upheld, Compensation Increased to Rs.13,60,000 Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 15.01.2020 passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad, in Motor Acc...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Travelling in Goods Vehicle as Unauthorized Passenger. Insurance Company Not Liable for Breach of Policy Conditions Where Deceased Was a Gratuitous Passenger in a Goods Vehicle.

The case arises from a motor accident claim where the deceased, Daulatsinh Lalsinh Kaplethiya, died in a tempo accident on 20.10.2000. The claimants, ...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation Awarded by Tribunal. Deceased was a 22-year-old student, court enhanced compensation by applying multiplier of 18 and adding 40% future prospects, and increased conventional heads.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.12.2021...