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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof and Excessive Multiplier Application. Insurance Company's Appeal Allowed as Tribunal's Income Assessment Was Without Evidence.

The case involves two first appeals filed by the National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging a c...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Sole Negligence of Truck Driver Upheld. Compensation of Rs.10,88,944/- with 6% Interest Confirmed as No Contributory Negligence or Breach of Policy Conditions Proved Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 20.11.2002 at around 6:30 p.m. on Patanpura Ridrol road. The deceased, Mukeshbhai Mafatlal Praj...

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Madras High Court Delivers Judgment on Insurer's Civil Miscellaneous Appeal Against Compensation Award to Legal Representatives of Deceased Motorcyclist. The Tribunal Awarded Compensation to the Family of a 31-Year-Old IT Professional Killed in a Collision with a Tata Super Ace That Crossed the Median.

The Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the insurer and sec...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent Despite Head-On Collision. Interest on Future Prospects Granted Following Supreme Court Precedent.

The appellant, IFFCO-TOKIO General Insurance Co. Ltd., challenged the judgment and order dated 11.12.2012 of the Motor Accident Claims Tribunal, Osman...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied.

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of ST Bus Driver. Principle of Res Ipsa Loquitur Applied as Bus Overturned on Wide Road Without Any Mechanical Defect.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased Virendra Joshi. The deceased die...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Claimants awarded Rs. 9,22,400/- instead of Rs. 13,27,400/- after finding 25% contributory negligence on part of deceased Gururaj.

The appeal arises from a judgment and award dated 20.08.2015 passed by the Additional Court of Small Causes, Senior Civil Judge and MACT, Mysuru in MV...