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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Sets Aside Award Due to Lack of Negligence Evidence. Claimants Failed to Prove Rash and Negligent Driving by Truck Driver; No Liability on Insurer Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against an award of the Motor Accident Claims Tribunal, North Goa, Mapusa, which allowed a compensation peti...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Truck Not Insured with It. Burden of Proof on Insurer to Show Non-Insurance Under Section 173 of Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 15th July...