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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Deduction from 40% to 20% and Enhances Compensation. Negligence of Truck Driver Established Through FIR and Panchnama, Deceased's Income Assessed at Rs.4,000 Per Month Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Mustufabhai Mohammadbhai Vohra, who died in a vehicular accident on 2...

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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Tribunal's error in deducting only 10% instead of 20% contributory negligence corrected; compensation reduced accordingly.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased who died in a collision between his car and a truck on 2...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver — Tribunal Erred in Dismissing Claim Petition on Ground of Contributory Negligence Without Proper Evidence.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Vajesinh Laxmansinh @ Vikramsinh Makwana, who died in a ...

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — Upholds Compensation of Rs.24,93,000 for Leg Amputation. Negligence of ST Bus Driver Solely Responsible Despite Non-Joinder of Driver and Insurer; No Contributory Negligence by Motorcyclist.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...

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Bombay High Court Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 30% to 15%. Deceased Motorcyclist Found Partly Negligent for Not Wearing Helmet and Not Having Valid Driving Licence, Leading to Reduction in Deduction from Compensation.

The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challengin...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Involving Stationary Truck. Presumption of Negligence Against Truck Driver Who Parked Vehicle Without Indicators on Highway, No Contributory Negligence Attributed to Deceased Motorcyclist.

The present appeal was filed by the insurance company, Bharti Axa General Insurance Company Ltd., against the judgment of the Motor Accident Claims Tr...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Negligent Truck Driver. Court Sets Aside Finding of Contributory Negligence and Applies Correct Multiplier and Future Prospects Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the wife and minor children of Kishor Pawar, who died in a vehicular accident on 12 Marc...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Injured Claimant. Claimant's Own Negligence in Driving Without Valid License and Without Helmet Led to Reduction of Award by 50%.

The case involves three appeals arising from a motor accident claim. The claimant, Dr. Uma, a 35-year-old doctor, sustained injuries when the scooter ...