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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case Due to Negligent Driving by Multiple Vehicles. Apportionment of Liability Between Joint Tortfeasors Upheld Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Amanathussain Mukhtarhussain, who died in a vehicular a...

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Legal Heirs of Deceased. Negligence of Driver Established by Criminal Conviction and Tribunal's Evidence Appreciation.

The case arises from a fatal motor accident that occurred on December 3, 2006, when the deceased, Janarthanan, was riding a motorcycle and was hit by ...

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Gujarat High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased Driver. Truck driver died after colliding with a parked trailer; court apportioned 40% contributory negligence on deceased for not noticing stationary vehicle.

The case arises from a motor accident on 11.11.2009 when deceased Punabhai alias Rameshbhai Manglabhai Malivad was driving truck GJ-7Z-9264 from Vadod...

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High Court of Gujarat Dismisses Appeal by GSRTC in Motor Accident Claim — Upholds Award of Rs.24,93,000 for Amputation of Leg. ST Bus Driver Held Solely Negligent; No Contributory Negligence by Motorcyclist Established Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Cobbler/Agricultural Labourer. Insurer Liable Jointly and Severally with Driver and Owner for Rs.2 Lacs with 9% Interest Under Motor Vehicles Act, 1988.

The appellant, New India Assurance Company Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award...