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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Award of Rs.12,08,000 with 9% Interest. Deceased Police Constable Died in Truck Collision While on Duty; Negligence of Truck Driver Established.

The case arises from a motor accident claim filed by the legal heirs of a deceased police constable. On 31.05.2001, the deceased was on duty and follo...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death of 26-Year-Old Driver cum Animal Husbandry Worker. Apportionment of Negligence Set Aside; Full Compensation Awarded Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjaybhai Govindbhai Rabari, who died in a vehicular accident on 01....

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable for Third Party Death. Deceased was a scooterist hit by a luxury bus; insurer failed to prove breach of policy conditions under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Govind Prabhu Patil, was riding a Scooty Pep on 15th November 2012 when a luxury bus (...

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High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...

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Bombay High Court Allows Appeal by Claimants Against Exoneration of Insurance Company in Motor Accident Claim. Claimants held to be aggrieved persons under Section 173 of Motor Vehicles Act, 1988 and entitled to challenge the Tribunal's order exonerating the insurer.

The case involves an appeal by the claimants (legal representatives of the deceased) against the order of the Motor Accident Claims Tribunal, Pune, wh...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's Deceased Was Driving Without Valid License and Was Negligent, Reducing Insurer's Liability Under Section 163A of Motor Vehicles Act, 1988.

The appeal arises out of a judgment and award dated 06-08-2009 passed by the Additional MACT, Srirangapatna, in MVC No.848/2003, whereby the petition ...