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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...

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Bombay High Court Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 30% to 15%. Deceased Motorcyclist Found Partly Negligent for Not Wearing Helmet and Not Having Valid Driving Licence, Leading to Reduction in Deduction from Compensation.

The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challengin...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent and Enhances Compensation. Contributory Negligence Not Applicable to Third-Party Claimant; Income of Injured Assessed at Rs.3,000 per Month Under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent in Head-On Collision. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation.

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...

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Bombay High Court Partly Allows Appeal Reducing Compensation in Motor Accident Claim Due to Lack of Income Proof and Wrong Multiplier. Tribunal's award of Rs.2,25,000 reduced to Rs.1,44,000 with 6% interest as per Second Schedule of Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Achalpur, in MACP No.48/2001 dated 30/09/2005, awarding Rs.2,25,000 with 9% i...