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Gujarat High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased Driver. Truck driver died after colliding with a parked trailer; court apportioned 40% contributory negligence on deceased for not noticing stationary vehicle.

The case arises from a motor accident on 11.11.2009 when deceased Punabhai alias Rameshbhai Manglabhai Malivad was driving truck GJ-7Z-9264 from Vadod...

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Bombay High Court Partially Allows Insurance Appeal and Dismisses Cross Objections in Motor Accident Claim — Reduces Compensation for Contributory Negligence. Deceased's contributory negligence assessed at 40% upheld, but compensation reduced under certain heads.

The case arises from a motor accident on 19th February 2010 on the Pune-Mumbai Express Highway. The deceased, Jignesh Parekh, was driving his car when...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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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 Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that in the absence of evidence of income and negligence, the compensation awarded by the Tribunal was excessive and not sustainable.

The case involves multiple appeals filed by the Oriental Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, against the j...

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High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. Held that claimants must prove income and negligence; Tribunal's award modified.

The case involves multiple appeals filed by the Oriental Insurance Company Limited against the judgment and award of the Motor Accidents Claims Tribun...