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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order for Gratuitous Passenger in Goods Vehicle. Statutory Duty of Insurer to Satisfy Third-Party Award Under Section 149 of Motor Vehicles Act, 1988, Even if Policy Conditions Breached.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the common...

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Gujarat High Court Upholds Pay and Recover Order in Motor Accident Claim — Insurance Company Liable to Third Party Despite Policy Breach. Gratuitous Passenger in Goods Vehicle Does Not Exonerate Insurer from Paying Compensation to Claimants.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed appeals under Section 173 of the Motor Vehicles Act, 1988, against a common judgment...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions Not Proved by Insurance Company. Claimants entitled to compensation as insurer failed to establish that vehicle was used for commercial purpose in violation of policy terms.

The case arises from a motor accident claim petition filed by Rambhau Gawai and his two sons (appellants) under Section 166 of the Motor Vehicle Act, ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider. Negligence of Driver Established, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of Madhukar Mengawade, who died in a road accident on 25th Mar...

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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...