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Gujarat High Court Allows Appeal in Motor Accident Claim for Death of Housewife — Enhances Compensation from Rs.2,79,540 to Rs.6,72,000. Notional Income of Rs.3,000 per month and Multiplier of 7 Applied for Deceased Aged 62 Years.

The present appeal arises from a judgment and award dated 12.05.2016 passed by the Motor Accident Claims Tribunal (Aux.) & 6th Additional District Jud...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Deduction from 40% to 20% and Enhances Compensation. Negligence of Truck Driver Established Through FIR and Panchnama, Deceased's Income Assessed at Rs.4,000 Per Month Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Mustufabhai Mohammadbhai Vohra, who died in a vehicular accident on 2...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to produce valid driving licence and negligence in driving led to reduction of compensation by 50%.

The case involves two appeals filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 03.10.2009 passed by the Civil Judge (Sr.D...

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Bombay High Court Dismisses Insurance Company's Appeal in Owner's Claim for Damages — Civil Court Jurisdiction Upheld. Owner's suit against insurer for breach of contract is not barred by Section 175 of Motor Vehicles Act, 1988 as it does not fall under Chapter XII of the Act.

The case involves a second appeal by The New India Assurance Co. Ltd. against a decree passed in favor of the respondent, Abdul Qadri Abdul Ajiz, who ...

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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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Bombay High Court Dismisses Insurer's Appeals Challenging Pay and Recover Directions in Motor Accident Claims. Tribunal Has Jurisdiction Under Section 168 of Motor Vehicles Act, 1988 to Direct Insurer to Pay Compensation and Recover from Owner Even When Insurer Not Liable.

The judgment concerns two first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against awards of the Motor Accident Claims Tribunal. In bot...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...