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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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Gujarat High Court Enhances Compensation for Paraplegic Claimant in Motor Accident Case — Multiplier Applied as per Sarla Verma, Future Prospects Granted, and Interest Rate Increased to 9%

The appeal was filed by the original claimant, Dhanrajbhai Khumabhai Rabari (since deceased, represented by legal heirs), against the judgment and awa...

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Bombay High Court Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable Despite Alleged Breach of Policy Conditions. Joint and several liability of driver, owner, and insurer upheld as insurer failed to prove willful breach of policy terms.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, who died in a road accident on 28 June 2006 i...

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High Court of Karnataka Acquits Accused in Fatal Bus Accident Case Due to Lack of Evidence of Rash and Negligent Driving. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The petitioner, Medappa, was the driver of a bus that met with an accident on 28 July 2000 at about 9:30 a.m., resulting in the death of eight passeng...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped.

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehic...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence. Negligence of Driver Established Through Oral Testimony and Site Inspection Report, Entitling Claimant to Compensation Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Laximan Vithoba Gaunkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 2,00,000...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Employee Injured While Boarding Employer's Bus. Insurer Liable as Policy Covered Vehicle and Claimant Was a Passenger Under Motor Vehicles Act, 1988.

The case involves an appeal by the United India Insurance Company against an order of the Motor Accidents Claims Tribunal (MACT), Mumbai, dated 8.10.1...

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Bombay High Court Allows Enhanced Compensation in Motor Accident Claim for Miscarriage and Permanent Disability. Compensation enhanced from Rs.3,000 to Rs.1,00,000 with interest at 6% per annum from date of petition.

The appellant, Shantabai Shivaji Kale, a pregnant woman, was cleaning utensils outside her house on 9.11.1991 when a lorry bearing No.MTS-1757 hit her...