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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...

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Gujarat High Court Reduces Compensation by 50% in Motor Accident Case Due to Contributory Negligence of Deceased. Deceased traveling in goods vehicle (Chhota Hathi) with 40 passengers held equally negligent for accident with ST bus.

The Gujarat High Court disposed of two first appeals filed by Gujarat State Road Transport Corporation (GSRTC) against a common judgment and award dat...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Insurance Company Liable for Interest from Date of Petition Despite Delayed Impleadment. Interest liability under Section 171 of Motor Vehicles Act, 1988 is compensatory and cannot be denied for pre-impleadment period.

The appellant, Jatin Becharbhai Patel, was the original claimant in a motor accident claim petition (M.A.C.P. No.331 of 1991) before the Motor Acciden...

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Gujarat High Court Allows Appeal and Remands Motor Accident Claim for Fresh Adjudication — Tribunal Erred in Dismissing Petition on Ground of Unproven Pillion Rider Status Without Deciding Negligence or Compensation.

The appellant, Thakor Sureshji Hajurji, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.5,00,000/- for injuries s...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Apprentice Steward. Future Prospects and Correct Multiplier Applied Under Motor Vehicles Act, 1988.

The appellant, Vincentina Paulina D'Souza, filed a claim petition before the Motor Accident Claims Tribunal (MACT) at Goa seeking compensation for the...

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High Court of Bombay at Nagpur Upholds Compensation Award in Motor Accident Claim — Insurance Company's Appeal Dismissed. Multiplier applied as per age of deceased, not claimant, under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of Prakash Potdar, who died in a vehicular accident. The decea...