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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

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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 Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Prima Facie Case Under Section 304A IPC. Allegations of Surgery Against Medical Advice and Negligent Treatment Did Not Disclose Offence of Culpable Homicide Not Amounting to Murder.

The petitioner, Dr. Seema Manohar Gunjal, a medical officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available in Structured Formula Claims. Insurer Liable to Pay Compensation Despite Alleged Negligence of Deceased as Section 163A is a No-Fault Liability Scheme.

The appeal arises out of a judgment and award dated 20.06.2013 in M.V.C.No.301/2011 passed by the Principal Senior Civil Judge & M.A.C.T., Puttur, D.K...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped.

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehic...