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Bombay High Court Partly Allows Appeal for Enhanced Compensation in Motor Accident Claim — Apportionment of Negligence Between Driver and Owner Upheld. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of the deceased Jaising Babu Jadhav, who died in a road accident on 20.12.2015. T...

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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Multiplier Applied as per Age of Deceased, Not Claimant. Tribunal erred in applying multiplier of 5 based on claimant's age instead of 18 based on deceased's age under Section 166 of Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 25.09.2018 passed by the II Additional Senior Civil Judge and Additional Motor Vehicle Accident Clai...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Incorrect Income Assessment and Deduction Ratio. Deceased's income reassessed at Rs.7000 per month with 50% future prospects and 1/3 deduction, enhancing compensation from Rs.5,30,600 to Rs.9,52,000.

The appeal arises from a motor accident claim where the deceased Thakor Khengarji died in a vehicular accident on 23.02.2017 while riding as a pillion...

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Bombay High Court Dismisses Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence. Claimants Failed to Prove That the Offending Vehicle Was Involved in the Accident, and Non-Examination of Eyewitness Led to Adverse Inference.

The appellants, original claimants, filed an appeal against the judgment dated 07.05.2004 of the Motor Accident Claims Tribunal, Jalgaon, which dismis...