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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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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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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 ...

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Supreme Court Allows Parents' Appeal for Enhanced Compensation in Motor Accident Claim Under Motor Vehicles Act, 1988. Tribunal's Income Assessment Based on Minimum Wage and Denial of Parental Dependency and Consortium Set Aside, with Court Applying Realistic Guesswork and Precedents on Consortium.

The dispute arose from a motor vehicle accident on 27.02.2016, resulting in the death of Shivpal, a heavy vehicle driver. The appellants, his parents,...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death in Motor Accident Case. Appeal Dismissed as Evidence of Rashness and Negligence Established Beyond Reasonable Doubt Under Sections 279, 304A IPC and Motor Vehicles Act.

The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in...