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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

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High Court of Bombay at Nagpur Hears Challenge to Supersession of Agricultural Produce Market Committee Under Maharashtra APMC Act, 1963 – Issue of Prior Consultation Mandate Under Section 45(1) Raised.

The case involved a challenge to the order dated 24.12.2013 passed by the District Deputy Registrar, Cooperative Societies, Yavatmal, under Section 45...

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Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Widow and Minor Children of Deceased Awarded Enhanced Compensation for Death of Breadwinner. Negligence of Trax Driver Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 18/10/2013 passed by the Claims Tribunal, Nagpur in M.A.C.P No.686/2008. The appellants, being the w...

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High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation as Vehicle Was Not Involved in Accident. Claimant Failed to Prove Involvement of Insured Vehicle in Accident, Hence Insurer's Liability Cannot Be Fastened Under Motor Vehicles Act, 1988.

The appeal was filed by the Oriental Insurance Co. Ltd. (the insurer) challenging the judgment and award dated 04.04.2016 passed by the XVI Additional...

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Bombay High Court Dismisses MSRTC Appeal in Fatal Bus Accident Case — Compensation Award of Rs.2,52,000/- Upheld. Doctrine of Res Ipsa Loquitur Applied to Establish Negligence Under Motor Vehicles Act, 1939.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), challenged the award of the Motor Accident Claims Tribunal, Satara, dated 31st De...

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Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...

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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence — Deceased Motorcyclist Found 50% Liable for Collision with Tipper Lorry. The court apportioned liability equally after finding the deceased was riding on the wrong side of the road.

The appeal was filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal in M.C.O.P.No.138...