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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order for Gratuitous Passenger in Goods Vehicle. Statutory Duty of Insurer to Satisfy Third-Party Award Under Section 149 of Motor Vehicles Act, 1988, Even if Policy Conditions Breached.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the common...

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Gujarat High Court Upholds Pay and Recover Order in Motor Accident Claim — Insurance Company Liable to Third Party Despite Policy Breach. Gratuitous Passenger in Goods Vehicle Does Not Exonerate Insurer from Paying Compensation to Claimants.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed appeals under Section 173 of the Motor Vehicles Act, 1988, against a common judgment...

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High Court of Karnataka Dharwad Bench Considers Insurance Company and Claimant Appeals Against MACT Award Under Section 163A of Motor Vehicles Act. Dispute Centers on Maximum Compensation Payable for Deceased Motorcycle Rider and Pillion Rider's Death.

Background: The appeals arose from two motor accident claim petitions filed under Section 163A of the Motor Vehicles Act, 1988 before the Motor Accide...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Lack of Negligence Proof. Claimants Failed to Establish Rash and Negligent Driving by Truck Driver, Resulting in Setting Aside of Tribunal's Award.

The appeal was filed by the Oriental Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 3.1...

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Madras High Court Hears Appeal by Insurance Company Against Motor Accident Claims Tribunal Award in Fatal Accident Case. Deceased Motorcyclist Died After Braking to Avoid Dog; Insurance Company Contends Claim Not Maintainable Due to Own Negligence.

The case involved an appeal by the National Insurance Company against the award passed by the Motor Accident Claims Tribunal, Perambalur, in M.C.O.P.N...

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High Court of Gujarat Exonerates Insurance Company in Motor Accident Claim Due to Unlicensed Driver — Pay and Recover Order Set Aside. Driver held no driving licence at time of accident, constituting fundamental breach of policy conditions under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the original claimant (respondent No....

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was a gratuitous passenger in a hired jeep; insurer not liable for own damage but liable for third-party claim under Motor Vehicles Act, 1988.

The appeal was filed by The New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP No.2...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Driver's Own Negligence Not Covered Under Section 166 of Motor Vehicles Act, 1988. Tribunal's finding of employment and salary set aside; penal interest direction modified.

The case arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the dependents of Nazir Beg, who died in a motor acc...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Evidence of Income. Claimant failed to prove his income as a driver, leading to reduction of compensation from Rs.15,000 to Rs.7,500 under Motor Vehicles Act, 1939.

The appellant, New India Assurance Company Ltd., challenged the judgment and award dated 27.9.1990 passed by the Motor Accident Claims Tribunal, Bhand...