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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Erroneous Income Assessment and Multiplier. Deceased's income reassessed at Rs.11,000/- per month with 50% future prospects and multiplier of 18 applied under Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants, challenging th...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Car Driver Affirmed. Tribunal's Award of Rs.7,86,788 with 9% Interest Upheld as Insurance Company Failed to Prove Contributory Negligence or Error in Income Assessment.

The case arises from a motor accident that occurred on 23.07.2017, when the claimant, Shatishbhai Jayantibhai Chhag, was riding a motorcycle bearing N...

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High Court of Gujarat Exonerates Insurance Company in Motor Accident Claim Due to Unlicensed Driver — Pay and Recover Order Set Aside. Driver held no driving licence at time of accident, constituting fundamental breach of policy conditions under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the original claimant (respondent No....

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Gujarat High Court Upholds Pay and Recover Order in Motor Accident Claim — Insurance Company Liable to Third Party Despite Policy Breach. Gratuitous Passenger in Goods Vehicle Does Not Exonerate Insurer from Paying Compensation to Claimants.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed appeals under Section 173 of the Motor Vehicles Act, 1988, against a common judgment...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim for Injured Claimant — Future Prospects and Minimum Wages Considered. Tribunal's award of Rs.3,68,687/- enhanced to Rs.5,00,000/- by applying minimum wage of Rs.8,000/- per month and 40% future prospects under Motor Vehicles Act, 1988.

The appellant, Vipulkumar Popatbhai Parmar, was the original claimant in a motor accident claim petition arising from an accident on 12.06.2018. He wa...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Pay and Recovery Order. Third-Party Claimants Entitled to Compensation Despite Driver's License Violation; Insurer Directed to Pay and Recover from Owner/Driver.

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

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Tractor Driver Proved. Deceased was a labourer travelling in tractor-trolley which overturned due to rash driving; insurance company failed to rebut evidence of negligence.

The case arises from a motor accident claim petition filed by the legal heirs of Budhabhai Zaverbhai Parmar, who died in a tractor-trolley accident on...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claim Case. Claimants awarded enhanced compensation of Rs. 55,76,080/- with interest at 6% p.a. for death of wife and mother in road accident.

The case involves two appeals arising from a motor accident claim. The accident occurred on 10.03.2017 when the deceased, Smt. Shobha Vijay Rajamane, ...