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Bombay High Court Upholds Motor Accident Victim’s Claim for Balance Repair Costs, Rejecting Insurer’s Full and Final Settlement Defense. Court Finds No Evidence of Settlement and Holds Tortfeasor Liable for Unrecovered Damages Under Motor Vehicles Act.

The present appeal arose from the dismissal of a claim petition filed by the appellant before the Motor Accident Claims Tribunal, Mapusa. The appellan...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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Bombay High Court Considers Ad-Interim Injunction in Defamation Suit by Retired Official Against Cabinet Minister Over Social Media Posts. Court Examines Maintainability of Representative Suit and Prima Facie Defamation Claims Under Civil Procedure Code and Tort Law.

The dispute arose from alleged defamatory statements made by the defendant, a sitting cabinet minister and national spokesperson of the Nationalist Co...

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Bombay High Court Allows CIDCO's Appeal in Motorcycle Accident Case Due to Lack of Negligence Evidence. Speed-breaker constructed without specification not proven as cause of accident; no liability for damages under law of torts.

The case involves a second appeal filed by the Administrator of the City and Industrial Development Corporation (CIDCO) against a judgment of the Addi...

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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Income Calculation Error. Tribunal's award of Rs.1,19,95,033/- modified to Rs.1,02,55,000/- with 9% interest under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The accident occurred on 01.09.2013 when the deceased, ...

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Legal Heirs of Deceased. Negligence of Driver Established by Criminal Conviction and Tribunal's Evidence Appreciation.

The case arises from a fatal motor accident that occurred on December 3, 2006, when the deceased, Janarthanan, was riding a motorcycle and was hit by ...

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Bombay High Court Hears Admiralty Suit for Recovery of Value of Goods Lost Due to Non-Issuance of Bill of Lading. Claim Against Vessel Owner and Agent for Breach of Duty Under Carriage of Goods by Sea Act is Examined.

This admiralty suit was filed by the plaintiff, Geetanjali Woollen Pvt. Ltd., seeking recovery of US$ 57,860 with interest for the loss of export good...

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Bombay High Court Allows Appeal Against Insurer in Goods Vehicle Passenger Death Case — Hirer Travelling with Goods Deemed Passenger Under Section 166 Motor Vehicles Act, 1939. Division Bench Precedent on Risk Coverage for Hirer Travelling with Goods Followed.

The appellants, legal heirs of Shankar Laxman Barve, filed a claim petition under Section 166 of the Motor Vehicles Act, 1939, seeking compensation fo...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...