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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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Supreme Court Partly Allows Appeal of Claimants in Motor Accident Case — Enhances Compensation by Including Prepaid License Fee in Deceased's Income. Income Tax Return Held as Primary Evidence for Determining Annual Income; Depreciation Not Considered as Income.

The appellants, heirs of Aranganathan who died in a motor accident on 25 May 2001, filed a claim under Section 166 of the Motor Vehicles Act, 1988 bef...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Negligence of Driver Proved, Insurance Company Liable to Pay. Deceased was a 42-year-old businessman earning Rs. 15,000 per month; Tribunal's assessment of income and multiplier upheld.

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Bhoom, in M.A.C.P. No.7...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Negligence of KSRTC Bus Driver Established. Claimant awarded increased compensation for injuries sustained in bus accident under Motor Vehicles Act, 1988.

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Reshma S. Ganga, was a passenger in a KSRTC bus on 23.02.2009 wh...

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Bombay High Court Allows Insurer's Appeal in Part — Reduces Compensation by Setting Aside Pain and Suffering Award and Lowering Interest Rate. Following Sarla Verma, no compensation for pain and suffering is payable to legal heirs in fatal accident cases under Section 166 of Motor Vehicles Act, 1987.

The New India Assurance Co. Ltd. appealed against the judgment and order dated 31st January 2012 of the Motor Accident Claims Tribunal, Mumbai, which ...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Allows Cross-Objection for Enhanced Compensation in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased, and Claimants Entitled to Higher Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2015 at about 9.30 p.m. near Jafarwadi village, Belagavi. The deceased, one Manjunath, wa...

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High Court of Madras Upholds Compensation Award in Motor Accident Case — Negligence of Bus Driver Established by Sudden Braking Without Warning. Claimant Lecturer Awarded Rs. 25,00,000 for Permanent Disability Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on March 31, 2012, at about 09:30 p.m. The claimant, Suresh, was riding his Hero Honda motorcycle ...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Case — Negligence of Tractor Driver Proved, Compensation Enhanced for Loss of Future Earnings Due to Permanent Disability.

The case involves two appeals arising from a motor accident claim. The claimant, Babanna H. @ Babu, a loader, was injured on 20.03.2013 when the tract...