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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved and Compensation Upheld. Tribunal's Award of Rs.10,72,500/- with 9% Interest Confirmed as No Perversity Shown.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Akbarkhan, who died in a road accident on 23.05.1997. Th...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver Established by Evidence. The Court set aside the Tribunal's finding of no negligence and remanded for fresh consideration.

The appellant, Mrs. Agustha D' Souza Cardozo, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, seeking compensation for in...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Gujarat High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased Driver. Truck driver died after colliding with a parked trailer; court apportioned 40% contributory negligence on deceased for not noticing stationary vehicle.

The case arises from a motor accident on 11.11.2009 when deceased Punabhai alias Rameshbhai Manglabhai Malivad was driving truck GJ-7Z-9264 from Vadod...

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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved. Compensation of Rs.10,72,500/- with 9% Interest Upheld as Just and Proper Under Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Company Limited against the judgment and award dated 07.11.2015 passed by the Motor Accident Cl...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Involving Stationary Truck. Presumption of Negligence Against Truck Driver Who Parked Vehicle Without Indicators on Highway, No Contributory Negligence Attributed to Deceased Motorcyclist.

The present appeal was filed by the insurance company, Bharti Axa General Insurance Company Ltd., against the judgment of the Motor Accident Claims Tr...

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Bombay High Court Allows Appeal by Truck Owner in Motor Accident Claim — Sets Aside Tribunal Award Due to Lack of Evidence of Employment. Owner Not Liable as Driver Was Not Proved to Be Employee at Time of Accident Under Section 166 of Motor Vehicles Act, 1988.

The case involves an appeal by Shekhar Sadanand Ghortane, the owner of a truck, against an award of the Motor Accident Claims Tribunal, Pandharpur, wh...