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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Transit Policy Covers Third-Party Risk Even for Chassis. Insurer liable to pay compensation for death of passenger in chassis covered by transit policy as policy covers third-party risk under Motor Vehicles Act, 1988.

The appeal was filed by the New India Assurance Company Ltd. challenging the award of compensation by the Motor Accident Claims Tribunal, Aurangabad. ...

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Bombay High Court Allows Appeals in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Deceased were not third parties but employees of the offending vehicle owner, and contributory negligence was established.

The case arises from a motor accident that occurred on 28th January 2000, involving a vehicle owned by the Commandant, CAD Camp, Pulgaon, and driven b...

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Karnataka High Court Reduces Compensation in Motor Accident Claims for Rider of Motorcycle Under Section 163A of Motor Vehicles Act. Rider Held Not Entitled to Full Compensation as Liability Limited to Contractual Personal Accident Cover of Rs.1,00,000.

The case involved a fatal motorcycle accident on 08.12.2007 where the rider lost control and collided with a roadside stone, resulting in the death of...

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Bombay High Court Issues Interim Directions in Drunk Driving PIL Pending Appeal Against Acquittal of Actor. Court Notes Large Number of Recent Cases Under Section 185 Motor Vehicles Act, 1988 and Directs Interim Measures.

This Public Interest Litigation (PIL) arises from an incident on 28 November 2002 in Mumbai, where the fourth respondent, a popular Hindi film star, w...

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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 Addresses Arbitrariness in Towing of Vehicles in Mumbai - Selection of Towing Contractors Must Be Transparent and Non-Arbitrary. The court held that the selection of towing contractors must be transparent and non-arbitrary under Article 14 of the Constitution of India.

The petitioner, Gaurang Dinesh Damani, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging the towing of vehicles in Mumbai ...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Multiplier applied as per age of deceased, not claimant; future prospects and consortium awarded.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased M. Jyotheswar Reddy, who died in a road traffi...