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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Disability Assessed at 100% for Amputation of Leg. Amputation of Right Leg Above Knee Results in 100% Functional Disability for a Carpenter, Entitling Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellant, a 38-year-old carpenter, sustained grievous injuries in a motor vehicle accident on 09.11.2004 when a jeep driven rashly and negligentl...

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Gujarat High Court Allows Insurance Company's Petition for Production of Disability Certificate in Motor Accident Claim. Tribunal's Rejection of Application Under Section 166 of Motor Vehicles Act, 2019 Set Aside for Denying Fair Opportunity to Cross-Examine Claimant.

The petitioner, TATA AIG General Insurance Co. Ltd., filed a Special Civil Application under Articles 226 and 227 of the Constitution of India and Sec...

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Gujarat High Court Allows Appeal of Minor Injured in Motor Accident — Compensation Enhanced from Rs. 17,52,000/- to Rs. 23,88,000/-. Notional income of minor assessed at Rs. 15,000/- per month with 40% future prospects and 67.53% permanent partial disability.

The case involves an appeal by the original claimant, a minor injured in a motor accident, against the judgment and award dated 15.03.2022 passed by t...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation — Enhances Compensation with Future Prospects and Increased Pain & Suffering. Notional Income of Cleaner Assessed at Rs. 3,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Jitendrabhai Rajendrabhai Yadav, was a cleaner in an Eicher Tempo when on 05.06.2007, a collision between two tempos on the Ahmedabad-M...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...