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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

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Bombay High Court Allows Insurer's Appeal Partly in Motor Accident Claim Where Driving Licence Was Fake; Insurer Liable to Pay Third-Party Claimants But Can Recover from Vehicle Owner and Driver Under Motor Vehicles Act, 1988.

The present first appeals arose from a motor accident claim arising out of a collision between a bus and a truck on 15 June 1996. Claimants, passenger...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death in Motor Accident Case. Appeal Dismissed as Evidence of Rashness and Negligence Established Beyond Reasonable Doubt Under Sections 279, 304A IPC and Motor Vehicles Act.

The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in...

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High Court of Bombay Partially Allows Appeal by Pune Municipal Corporation in Motor Accident Claim, Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased was 50% contributory negligent for the accident, modifying the Tribunal's 25% deduction.

The Pune Municipal Corporation appealed against the judgment and award of the Motor Accidents Claim Tribunal, Pune, in Claim Petition No.581 of 2014, ...

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High Court of Bombay at Goa Upholds Conviction in Rash Driving Case — Death Caused by Negligent Driving of Mini Truck. Concurrent findings of fact based on credible evidence cannot be interfered with in revision.

The applicant, Pradeep N. Shetgaonkar, was convicted by the Judicial Magistrate First Class (JMFC) on 01/10/2012 for offences under Sections 279, 338,...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence. Tribunal's Dismissal Set Aside as Composite Negligence Established and Claimants Entitled to Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accide...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Truck Damage Based on Survey Report. Survey Report Estimating Repair Costs at Rs. 1,90,490.50/- Accepted as Uncontroverted Evidence Under Motor Vehicles Act, 1988.

The appellant, Bhaskar Shankar Jagtap, owned a truck bearing registration No. MH-19-Z-1392. On 02/10/2006, while the truck was proceeding towards Mumb...