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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Bombay High Court Allows Appeal in Motor Accident Claim for Businessman with 50% Disability. Compensation enhanced from Rs. 3,50,000 to Rs. 9,27,000 by applying correct multiplier of 18, adding future prospects, and not deducting personal expenses.

The appellant, Ramchand Kishnani, a businessman aged 42, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensatio...

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Gujarat High Court Allows Appeal and Enhances Compensation for Paralyzed Cleaner in Motor Accident Case — Future Prospects and Attendant Charges Considered. Claimant with 100% permanent disability awarded Rs.23,88,200/- under Motor Vehicles Act, 1988.

The appellant, a 20-year-old cleaner, sustained severe spinal cord injuries in a truck accident on 23.08.2006, resulting in permanent paralysis and 10...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Applies Pranay Sethi Principles for Future Prospects and Multiplier. Deceased Agricultural Labourer's Dependents Granted Rs.6,84,000 with 6% Interest.

The appellants, being the wife, father, and two minor sons of the deceased Madhu Kondiba Gavali, filed a claim application under Section 166 of the Mo...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist — Applies 50% Deduction for Lack of Driving License and Violation of Traffic Rules

The case arises from a motor accident on 12.08.2014 when the deceased, Sartanbhai Bhalubhai Rathava, was returning as a pillion rider on a motorcycle ...

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High Court of Gujarat Enhances Compensation for Injured Cleaner in Composite Negligence Truck Accident. Claimant's Income Reassessed at Rs.2,400 per month with 40% Future Prospects and Multiplier of 18 Under Motor Vehicles Act, 1988.

The appellant, Dineshkumar Bababhai Prajapati, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award ...