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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Invalid Driving License Does Not Absolve Insurer's Liability to Third Parties. Insurance Company Directed to Pay Compensation and Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13.04.2010 at about 7:00 a.m. on Ganol–Dholaka Road, within the sim of village Simej, under D...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death of 26-Year-Old Driver cum Animal Husbandry Worker. Apportionment of Negligence Set Aside; Full Compensation Awarded Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjaybhai Govindbhai Rabari, who died in a vehicular accident on 01....

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Deemed Income of Cleaner/Driver Enhanced from Rs.5,000 to Rs.7,500 per Month. Contributory Negligence Apportionment of 70:30 Upheld, Compensation Increased to Rs.13,60,000 Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 15.01.2020 passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad, in Motor Acc...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Pay and Recovery Order. Third-Party Claimants Entitled to Compensation Despite Driver's License Violation; Insurer Directed to Pay and Recover from Owner/Driver.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal representatives of the dece...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 40-Year-Old Labourer. Tribunal's Income Assessment and Multiplier Modified Based on Minimum Wage and Sarla Verma Principles.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.02.2020...

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High Court Enhances Compensation for Injured Driver in Motor Accident Case — Future Prospects Added to Income Calculation. The Court held that income must be assessed based on the latest income tax return and 40% future prospects must be added for self-employed persons aged about 40 years.

The appellant, Mahebub Kasambhai Bogha, an injured claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgm...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation of Leg - Compensation Enhanced for Future Loss of Income and Pain and Suffering. Housewife's Notional Income Assessed at Rs.3,000 per Month with Multiplier of 16 for Permanent Disability.

The appellant, Gajaraben Rameshbhai Padhiyar (Parmar), filed a first appeal before the Gujarat High Court against the judgment and award dated 23.01.2...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Non-Dependency of Claimants. Compensation Reduced as Brother and Niece of Deceased Pedestrian Not Entitled to Loss of Dependency Under Motor Vehicles Act, 1988.

The present appeal arises from a motor accident claim petition filed by the legal heirs of Maheshbhai Jaysukhlal Vora, a pedestrian aged 74 years, who...