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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim - Deceased Labourer's Income Assessed at Rs.4,500 per Month with Future Prospects. Negligence of Trailer Driver and Owner Established, Insurance Company Liable to Pay Enhanced Compensation with 9% Interest.

The appellants, parents of deceased Swapnil, filed an appeal against the judgment and order dated 30th March 2015 of the Motor Accident Claims Tribuna...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care; insurer's liability reduced proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Lack of Income Proof. Deceased's income assessed notionally at Rs.15,000/- per month as documentary evidence was insufficient and not proved.

The appeal was filed by Cholamandalam MS General Insurance Co. Ltd. challenging the judgment and order dated 03.08.2015 passed by the Motor Accident C...

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High Court of Gujarat Enhances Compensation for Injured Truck Cleaner in Motor Accident Claim — Functional Disability Assessed at 100% Due to Amputation of Both Legs. Notional Income Fixed at Rs. 8,000 Per Month for Computing Future Loss of Income Under Motor Vehicles Act, 1988.

The appellant, Sanjaybhai Somabhai Tadvi, was a cleaner/conductor on an Eicher truck. On 02.01.2016, the truck driven rashly and negligently collided ...

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High Court of Karnataka Enhances Compensation for Death of Pillion Rider in Motor Accident Claim. Multiplier of 18 applied and 40% future prospects added to notional income of deceased aged 45 years under Motor Vehicles Act, 1988.

The appeal was filed by the claimant, Arun, son of deceased Hajavva, under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment an...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Non-Joinder of Motorcycle Insurer. Parents of Deceased Motorcyclist Awarded Rs. 4,50,000 with Interest Under Section 166 of Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 07/04/2003 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 369 of 2002. ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimants failed to establish deceased's income from business, leading to reassessment of compensation under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 4 October 2002 involving a scooter bearing registration number MH 27/E316 and a truck b...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Owner of Vehicle Held Liable for Contributory Negligence as Driver Was Not Holding Valid Driving License.

The case involves multiple appeals arising from motor accident claims. The accident occurred on 22nd September 2003 when a motorcycle driven by Yousur...