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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Supreme Court Enhances Compensation in Motor Accident Claim Case, Emphasizes Just and Fair Compensation Under Motor Vehicles Act, 1988. Court Reiterates Principle of "Just Compensation" Beyond Claimed Amount, Modifies High Court and Tribunal Awards.

Just Compensation – The Supreme Court reiterated the principle that compensation under the Motor Vehicles Act, 1988, should be "just" and "reasonab...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Error in Multiplier Application. Tribunal's use of multiplier '13' for a 61-year-old claimant was contrary to Sarla Verma v. DTC guidelines; correct multiplier is '9'.

The appeal was filed by the Oriental Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated ...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Inadequate Assessment of Income and Permanent Disability. Appellant awarded Rs. 3,52,400 with interest for injuries sustained in a car-motorcycle collision under Motor Vehicles Act, 1988.

The appellant, Ajay Chandrakant Akade, a contractor aged 36, was involved in a motor vehicle accident on 2nd May 1999 while riding a motorcycle. A Fia...

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Bombay High Court at Goa Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Permanent Disability. Negligence of Qualis Jeep driver established; no contributory negligence by motorcycle rider; award of Rs. 10,00,000 upheld under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 06.02.2009. The claimant, Hemant Dabolkar, aged 35, was a Branch Manager at M/s Space O...

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Supreme Court Upholds Reduction of Compensation in Motor Accident Claim Due to Exaggerated Disability. Claimant's Alleged 95% Permanent Partial Disablement Disbelieved as Evidence Showed Only Fracture of Left Thigh Bone with 45% Disability.

The appeal arose from a motor accident claim where the claimant, S. Kumar, sustained grievous injuries after being hit by an auto rickshaw on 02.08.19...