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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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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Bombay High Court Allows Interim Compensation Under Section 140 of Motor Vehicles Act in Fatal Accident Cases. No-Fault Liability Principle Applied to Grant Interim Relief Without Proof of Negligence.

The judgment pertains to three first appeals filed by the claimants against the order of the Motor Accident Claims Tribunal rejecting their applicatio...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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Bombay High Court Dismisses Insurer's Appeals Challenging Pay and Recover Directions in Motor Accident Claims. Tribunal Has Jurisdiction Under Section 168 of Motor Vehicles Act, 1988 to Direct Insurer to Pay Compensation and Recover from Owner Even When Insurer Not Liable.

The judgment concerns two first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against awards of the Motor Accident Claims Tribunal. In bot...