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Bombay High Court Allows Insurance Company to Recover Compensation Paid Under Motor Vehicle Act Despite Policy Breach — Insurer Can Be Directed to Pay Third Parties but Has Right to Recover from Owner for Violation of Policy Conditions.

The case involves three first appeals filed by United India Insurance Company Limited against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Income Exceeding Limit Under Section 163-A of Motor Vehicles Act, 1988. Claim Petition Under Section 163-A Held Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Prescribed Limit.

The appellant, Bajaj Allianz General Insurance Co. Ltd., challenged the judgment and order dated 10/03/2016 passed by the Motor Accident Claims Tribun...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim for Deceased BCA Graduate with Dual Income. Income of deceased assessed at Rs.14,500 per month based on salary slips and oral evidence, with 40% future prospects added under Section 173 of Motor Vehicles Act, 1988.

The appellants, original claimants, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 0...

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Gujarat High Court Partly Allows Appeal in Motor Accident Claim - Enhances Compensation for Deceased Aged 74 Years by Considering Minimum Wages. Tribunal's failure to apply minimum wages and inadequate awards for pain and suffering and loss of consortium led to enhancement under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 24.11.2021 passed by the Motor Accident Claims Tribunal, Surendranagar in MACP No.1/2020. Th...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Wrong Multiplier and Contributory Negligence Finding. Compensation Enhanced by Applying Multiplier of 18, Adding 40% Future Prospects, and Reducing Deduction to 1/4th Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 23.05.2015 when the deceased Savitaben and injured Gautambhai were traveling in a Tavera car to Pavagadh. A t...

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High Court of Gujarat Enhances Compensation for Motor Accident Victim with 100% Functional Disability — Multiplier and Future Prospects Recalculated Under Motor Vehicles Act, 1988. Claimant awarded Rs.50,70,000 for permanent disability and loss of income.

The appellant, Lalsinh Kanaksinh Chauhan, was the original claimant in a motor accident claim petition. On 14.04.2019, while driving his motorcycle, h...

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Gujarat High Court Enhances Compensation for Injured Driver in Motor Accident Case — Future Prospects and Conventional Heads Added. Notional Income Assessed at Rs.3000 Per Month for Self-Employed Driver Under Motor Vehicles Act, 1988.

The appellant, Nashirkhan Dalmohmad Makrani, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the common judgment a...

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High Court Enhances Compensation for Injured Cleaner in Motor Accident Claim — Future Prospects and Minimum Wage Applied. Loss of Future Income Calculated with 25% Future Prospects and 10% Disability Under Motor Vehicles Act, 1988.

The appellant, Chhagangiri Shankargiri Goswami, was a cleaner in a truck (No. GJ-12-T-7845) traveling from Udaipur to Morbi. On the day of the acciden...