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Gujarat High Court Allows Compensation for Death of Unborn Child in Motor Accident Claim. Court holds that a fetus of seven months is a 'person' under the Motor Vehicles Act, 1988, and its death entitles the parents to compensation under Section 166.

The case involves a motor accident claim arising from the death of Nitaben Prabhubhai Bavaliya and her seven-month-old fetus in a motor cycle accident...

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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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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case — Deceased was 22-year-old bachelor, multiplier of 18 applied, future prospects added, contributory negligence rejected.

The case arises from a motor accident claim petition filed by the parents of a 22-year-old bachelor who died in a road accident on 19.04.2010. The dec...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation Assessment. Legal Representatives of Deceased Medical Practitioner Granted Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellants, legal representatives of deceased Kamlakar Pawar, filed a motor accident claim petition under Section 166 of the Motor Vehicles Act, 1...

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High Court of Gujarat Enhances Compensation for Injured Minor Cyclist in Motor Accident Claim Appeal. Notional Income of Rs. 6,000 per month applied for 17½-year-old student engaged in agriculture, with multiplier of 18 and 40% future prospects, reducing interest rate from 9% to 7.5% per annum.

The appellant, Bharatbhai Dayabhai Thakor, a 17½-year-old student, was injured in a motor accident on 16.11.2009 when a truck driven rashly and negli...

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Gujarat High Court Allows Enhancement of Compensation in Motor Accident Claim for Deceased Homemaker and Scrap Collector. Notional income assessed at Rs.3,000 per month with 40% future prospects and multiplier of 18 applied under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the appellants (original claimants) under Section 166 of the Motor Vehicles Act, 1988, s...

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Gujarat High Court Enhances Compensation for Injured Pillion Rider in Motor Accident Claim — Negligence of Driver Not Disputed, Tribunal's Award Found Inadequate. Compensation Enhanced from Rs.1,21,000 to Rs.2,50,000 with 9% Interest for Grievous Injuries Under Motor Vehicles Act, 1988.

The appellant, Chhitubhai Harmanbhai Patel, was the original claimant in a motor accident claim petition. On 24.04.2002, he was a pillion rider on a H...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider. Negligence of Driver Established, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of Madhukar Mengawade, who died in a road accident on 25th Mar...

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Bombay High Court Upholds Pay and Recover Direction in Motor Accident Claim — Insurance Company Liable Despite Breach of Policy Conditions. Goods Vehicle Carrying Passenger Does Not Absolve Insurer from Paying Compensation to Third Party Claimants; Insurer Must Recover from Owner.

The appellant, Oriental Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

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High Court of Gujarat Allows Appeal in Part and Enhances Compensation for Motor Accident Victim — Tribunal's Award of Rs. 1,50,000/- Modified to Rs. 2,50,000/- for Injuries Sustained in Collision.

The appellant, Nathabhai Velabhai Vaghela, was the original claimant in a motor accident claim petition. On 20/03/2008, while riding his motorcycle be...