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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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High Court of Bombay Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Thrown Out of Jeep Due to Rash Driving. Negligence of Driver Proved and Deceased Not a Gratuitous Passenger in a Goods Vehicle, Insurer Liable.

The case arises from a motor accident claim filed by the parents of a deceased 22-year-old man. On 22.12.2008, the deceased was travelling in a jeep o...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Tribunal Erred in Rejecting Claim Under Section 163A M.V. Act on Ground of Contributory Negligence. Claimants Entitled to Compensation Under Structured Formula Without Proof of Negligence.

The appeal was filed by the claimants, the wife and children of the deceased Shantaram, challenging the judgment and award dated 12.07.2012 passed by ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased — Compensation of Rs.79,500/- Upheld. Notional Income of Rs.15,000 per annum applied for a 6-year-old child under Motor Vehicles Act, 1988, Section 166, but no enhancement allowed without cross-appeal.

The appeal was filed by the National Insurance Co. Ltd. against the judgment and order dated 11/11/2005 of the Motor Accident Claims Tribunal, Wardha,...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Award for Injuries Sustained in Hit-and-Run Accident. Delay in Filing FIR Does Not Discredit Claim When Medical Evidence and Other Circumstances Corroborate the Accident.

The appeal was filed by the insurer, United India Insurance Co. Ltd., challenging the judgment and award dated 05.07.2012 passed by the Addl. Senior C...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim — Future General India Insurance Company's Appeal Dismissed. Multiplier applied as per age of deceased, not claimant, and future prospects considered for self-employed victim.

The case involves two appeals arising from a motor accident claim. The claimants, parents of the deceased, sought enhancement of compensation, while t...