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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Pillion Rider. Deceased's negligence in standing on road without helmet contributed to accident, reducing insurer's liability by 20% under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Savitaben Javanshingh Thakor, who died in a road accident on 23.06.20...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased pillion rider found 50% contributory negligent for standing on road without helmet, reducing insurer's liability under Motor Vehicles Act, 1988.

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award dated 30.06.2016 passed by the Motor Accident Claims Tribunal (Aux...

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High Court of Bombay at Nagpur Allows Owner's Appeal in Motor Accident Claim — Insurance Company Liable to Pay Compensation as No Breach of Policy Terms Proved. Tractor Driver's License for Light Motor Vehicle Held Valid Under Section 10(2)(d) of Motor Vehicles Act, 1988, Following Mukund Dewangan.

The case arises from a motor accident claim where the claimants, respondents 1 to 3, sought compensation for injuries/death caused by a tractor owned ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Fastens Liability on Insurer Despite Owner's Breach of Policy Conditions. Claimants entitled to compensation from insurer as third-party rights are protected under Section 149 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Narasimhaiah, who died in a motor vehicle accident on 08.02.2016. The cla...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...