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Supreme Court Allows Appeal and Enhances Compensation in Motor Accident Claim, Setting Aside Contributory Negligence Finding. Overtaking a vehicle is not per se negligence; multiplier of 15 and 25% future prospects applied under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by Prem Lal Anand and others (appellants) after a fatal accident on their way to Noida. The claimant...

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High Court of Karnataka Allows Cross-Objections and Dismisses Insurance Appeal in Workmen's Compensation Case — Enhances Compensation for Death of Driver. Employer-Employee Relationship Established Despite Absence of Written Contract; Insurance Company Liable to Pay Enhanced Compensation with Interest.

The case involves two appeals arising from the same accident. MFA No.31587/2010 was filed by the Insurance Company challenging the award of compensati...

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Supreme Court Allows Appeal in Insurance Claim Case Due to Lack of Willful Breach by Insured. Employer Not Required to Verify Driving Licence Authenticity Beyond Face Value Unless Cause to Suspect.

The appellant, Nirmala Kothari, was the wife of Vinod Ray Kothari, who owned a Hyundai Elantra vehicle insured with the respondent, United India Insur...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim Case — Upholds Compensation for Parents of Deceased. Owner and Driver Held Jointly Liable; Insurance Company's Defense of No Valid Driving License Fails Due to Lack of Evidence.

The case arises from a motor accident claim petition filed by the parents of the deceased, Mohan, who died in a road traffic accident on 03.01.2003 at...

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High Court of Karnataka Allows Cross-Objection and Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence of Deceased. Compensation Enhanced from Rs.1,80,000/- to Rs.3,34,000/- with 6% Interest.

The case arises from a motor accident claim petition filed by the parents of a deceased 20-year-old man who died in a road accident on 23-07-2007. The...

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Bombay High Court Allows Appeal by Husband in Motor Accident Claim Despite Second Marriage. A person contracting a second marriage is still entitled to compensation for the accidental death of his first wife living with him.

The case involves a first appeal filed by Ravindra s/o Ramkisan Lodhi against the judgment of the Motor Accident Claims Tribunal, Jalgaon, which denie...

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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment.

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the ...