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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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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence of Deceased. Claimants awarded reduced compensation as deceased were gratuitous passengers in goods vehicle, violating permit conditions.

The case involves four first appeals filed by The New India Assurance Company Limited against common judgment and award dated 30.06.2006 passed by Mot...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Tractor Owner and Driver Held Liable for Compensation Despite Insurance Company's Exoneration. Deceased was a Gratuitous Passenger in Tractor Trolley, Not Covered by Insurance Policy; Owner and Driver Liable to Pay Compensation with Interest.

The case arises from a motor accident claim filed by the legal representatives of Bhanudas Kisan Goswami, who died in a tractor-trolley accident on 26...

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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...