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Gujarat High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Income Assessment Error. Claimant's contributory negligence fixed at 50% and income reduced from Rs.9,000 to Rs.6,000 per month under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who sustained severe injuries due...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Found in Wallet. Death from Falling from Train Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989.

The appellants, Narayan Doye and Kanta Doye, are the parents of the deceased Dindayal Doye. They filed a claim before the Railway Claims Tribunal, Nag...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Claimants failed to establish negligence of driver and income of deceased, leading to reduction in award.

The case involves multiple appeals arising from a motor accident claim. The accident occurred on 10.02.2014 when a motorcycle ridden by Devarajegowda ...

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Bombay High Court Dismisses Appeal by Transport Undertaking in Motor Accident Claim for Deceased Minor Student — Negligence of Bus Conductor and Driver Established. Tribunal's Award of Rs.22,79,100/- with 8% Interest Upheld as Appellant Failed to Prove Contributory Negligence.

The case arises from a motor accident claim filed by the parents (respondents) of a 15-year-old boy, Master Dhruv Rajendra Thakkar, who died due to in...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct.

The case arises from a motor accident that occurred on 20.05.2012 involving a motorcycle and a lorry. The deceased, Tajpeer, was a pillion rider on th...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped.

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehic...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim, Upholds Finding of Sole Negligence of Auto Driver. Insurer of 5-wheeler auto directed to pay compensation with right to recover from owner for breach of policy conditions under Motor Vehicles Act, 1988.

The appeal arose from a judgment and order dated 12th April 2005 of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 278 of 1994. The...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence on Negligence. Compensation of Rs.85,000/- awarded by Tribunal upheld but finding on negligence reversed based on preponderance of probabilities and criminal charge-sheet.

The appellant, Shridhar Anant Prabhu Gaonkar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation of Rs.2,00,000 for injur...