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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence Deduction Set Aside and Compensation Enhanced. Pillion Rider Not Liable for Contributory Negligence; Income Reassessed with Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Vinubhai Dayabhai Pansuriya, was a pillion rider on a motorcycle when a Maruti car driven by respondent no.1 in a rash and negligent ma...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Income Proof. Compensation reduced from Rs.35,84,800/- to Rs.22,80,000/- as deceased's income assessed notionally at Rs.1,80,000/- per annum under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 25.03.2022 passed by the Motor Accident Claims Tr...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased. Court holds that contributory negligence cannot be presumed and Income Tax Returns of preceding years are sufficient proof of income.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, who died in a road accident on 19.03.2018 when a traile...

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Bombay High Court Allows Appeal of Parents of Deceased MBA Student, Enhances Compensation from Rs. 2 Lakh to Rs. 23.38 Lakh in Motor Accident Claim. Notional Income of Rs. 15,000 Per Month Adopted with 40% Future Prospects and Multiplier of 18.

The appellants, parents of the deceased Sujeet Singh, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of...

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Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

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Supreme Court Allows Dealer's Appeal in Sales Tax Dispute Over Free Warranty Replacement of Defective Parts. The Court Held That Free Replacement Under Warranty Does Not Constitute a Sale Under Section 4(1) of the Sale of Goods Act, 1930, as Consideration Is Already Included in the Original Sale Price.

The Supreme Court considered a batch of appeals concerning the liability to sales tax on free replacement of defective parts in motor vehicles during ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Awarded to Family of Deceased Engineering Student Upheld. Tribunal's Assessment of Notional Income at Rs. 3,000 per Month and Multiplier of 18 Found Just and Proper Under Motor Vehicles Act, 1988.

The present appeal was filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 12/02/2007 passed by the Motor Accident Claims Tr...