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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased pillion rider found 50% contributorily negligent for accident caused by rash driving of truck driver, reducing insurer's liability.

The case arises from a motor accident claim filed by the legal heirs of deceased Sayyed Imran, who died in a road accident on 5th May 2016. The deceas...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Two Persons in Tempo Accident. Held that the insurance company failed to prove breach of policy conditions and that the driver's license was valid at the time of accident.

The present appeals arise out of two separate claim petitions filed by the legal representatives of two deceased persons who died in a motor vehicle a...