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Karnataka High Court Allows Appeal of Injured Pillion Rider in Motor Accident Claim Regarding Liability and Interest. Insurance Company Held Liable Despite Driver Having Licence for Autorickshaw but not Goods Autorickshaw, Following Mukund Dewangan, and Interest Enhanced to 9% Due to Long Delay.

The appeal arose from an award by the Motor Accident Claims Tribunal in a claim petition filed by a pillion rider who sustained grievous injuries in a...

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Bombay High Court Partly Allows Appeal by Transport Corporation Reducing Compensation in Fatal Accident Case. Multiplier reduced from 13 to 7 for deceased aged 74, upholding 50% contributory negligence.

The case arises from a motor accident on 13.04.2012 when a bus owned by M/s. Kadamba Transport Corporation Ltd. (appellant) and driven by respondent n...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

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Bombay High Court Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 30% to 15%. Deceased Motorcyclist Found Partly Negligent for Not Wearing Helmet and Not Having Valid Driving Licence, Leading to Reduction in Deduction from Compensation.

The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challengin...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Negligent Parking of Tanker. Court Upholds Compensation of Rs.97,07,248 for Death of Motorcyclist, Holding Tanker Driver Solely Negligent for Parking Without Reflectors at Night.

The case arises from a motor accident on 02.09.2016 when Jigneshkumar Kanayalal Parekh was driving his motorcycle on the main State Highway near Gopip...

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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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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent in Head-On Collision. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation.

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...

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Madras High Court Allows Appeal in Tractor Accident Case — Negligence of Driver Established, Compensation Enhanced. Deceased was unauthorized passenger in goods vehicle; insurer not liable but owner liable to pay enhanced compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased Sarasu died after being hit by a tractor while alighting. The claimants, her husband, m...

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Madras High Court Allows Appeal and Enhances Compensation in Motor Accident Claim — Negligence of Rider Upheld, Income Reassessed at Rs.15,000 per Month. The court applied multiplier 18 and added 40% future prospects under Motor Vehicles Act, 1988, enhancing award from Rs.17,25,000 to Rs.28,08,000.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Chennai, dated 18.10.2019 in M.A.C.T.O.P.No.5431 of 2016. The appellants, bei...