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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person ...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof and Incorrect Multiplier Application. Claimant's Cross-Objection Dismissed as Tribunal's Award Was Not Inadequate Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident on 16.08.1992 when the original claimant, Kaushikbhai Dhansukhlal Shah, was riding his scooter on Makarpura Road...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...

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Gujarat High Court Dismisses Appeal by State Transport Corporation in Motor Accident Claim — Upholds 100% Functional Disability for Amputation of Both Legs. Notional Income of Rs.3,000 per month for a 59-year-old retired claimant held justified under Motor Vehicles Act, 1988.

The appellant, Gujarat State Road Transport Corporation, challenged the judgment and award dated 12.07.2021 passed by the Motor Accident Claims Tribun...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Smallness of Amount. Compensation of Rs.3,00,160/- upheld as just and reasonable without adjudicating merits or legal questions under Section 173 of Motor Vehicles Act, 1988.

The National Insurance Co. Ltd. filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 29.01...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim for Exorbitant Conventional Heads. Compensation for Loss of Love and Affection and 20% Rise on Loss of Estate and Funeral Expenses Reduced as Per Pranay Shetty Principles.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased who die...

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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Pillion Rider. Deceased's negligence in standing on road without helmet contributed to accident, reducing insurer's liability by 20% under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Savitaben Javanshingh Thakor, who died in a road accident on 23.06.20...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Wrong Multiplier and Contributory Negligence Finding. Compensation Enhanced by Applying Multiplier of 18, Adding 40% Future Prospects, and Reducing Deduction to 1/4th Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 23.05.2015 when the deceased Savitaben and injured Gautambhai were traveling in a Tavera car to Pavagadh. A t...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death in Marriage Procession. Tribunal's Award Found Inadequate Under Section 173 of Motor Vehicles Act, 1988.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.05.2019...