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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. The court held that the insurer failed to prove that the driver lacked a valid driving license, and thus the award of compensation was upheld.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Ramji Bhoyar, who died in a head-on collision ...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence. Tribunal's Dismissal Set Aside as Composite Negligence Established and Claimants Entitled to Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accide...

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High Court of Karnataka Enhances Compensation for Death of Two Persons in Motor Accident. The court applied multiplier method with future prospects and increased interest rate to 12%.

The case involves four appeals arising from a motor accident that occurred on 22.12.2013, when a Tempo Trax bearing registration No.KA-37/9942 collide...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation for Death of 17-Year-Old Student. Notional Income of Deceased Student Fixed at Rs.3,000 Per Month Instead of Rs.10,000, Applying Multiplier of 18 and Deducting 50% for Personal Expenses.

The appeal arises from a judgment and award dated 03.05.2010 passed by the Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No.980/2006. The appella...