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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Contributory Negligence Not Proved. Insurer Liable to Pay Compensation Under Section 166 of Motor Vehicles Act, 1988 as Deceased Was a Third Party and No Breach of Policy Terms Established.

The case arises from a motor accident claim petition filed by the parents of the deceased, Yellappa Mallappa Belliveri, who died in a road accident on...

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High Court Upholds Conviction of Truck Driver for Causing Death by Negligence — Evidence of Eye-Witness and Spot Panchanama Sufficient. Rear Wheel of Truck Passed Over Deceased's Head, Proving Rash Driving Under Sections 279 and 304-A IPC.

The applicant-accused, Mahendra Madhukar Jagdale, a truck driver, was convicted by the Judicial Magistrate First Class, Pathardi, in S.C.C. No. 225 of...

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Bombay High Court Allows Appeal in Motor Accident Claim Due to Negligence of Stationary Truck Owner. Deceased Motorcyclist Not Contributorily Negligent; Compensation Enhanced Using Multiplier 9 Under Motor Vehicles Act, 1988.

The appellant, Smt. Deokabai Vishnuji Helonde, widow of Vishnuji Helonde, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, se...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Deceased Driver Not a Bar to Claim Under Section 166 of MV Act. The court held that the Motor Vehicles Act is a social welfare legislation and self-negligence does not bar a claim under Section 166.

The appellant, Reliance General Insurance Co Ltd, filed an appeal against the judgment and award dated 13.06.2022 passed by the Motor Accident Claims ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 70% to 30% Based on Lack of Evidence. Claimant Driver Injured in Head-On Collision; Tribunal's Finding of Self-Negligence Set Aside as No Material to Show Rash Driving by Claimant.

The appellant, Chaudhary Prakeshbhai Nathabhai, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal...