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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Non-Registration of FIR Does Not Bar Negligence Finding. Claimant's Complaint and Medical Evidence Sufficient to Prove Accident and Negligence Under Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and order of the Motor Accident Claims Tribunal, Mumbai, which had fixed liability on t...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Bona Fide Passenger Status Established Through Circumstantial Evidence Despite Lost Ticket.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur Bench, dated 26.08.2013, dismissing the claim for compensation filed by the a...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Applies Pranay Sethi Principles for Future Prospects and Multiplier. Deceased Agricultural Labourer's Dependents Granted Rs.6,84,000 with 6% Interest.

The appellants, being the wife, father, and two minor sons of the deceased Madhu Kondiba Gavali, filed a claim application under Section 166 of the Mo...

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Bombay High Court Allows Second Appeal by Vidarbha Irrigation Development Corporation in Employee Liability Case — Holds That Government Servant Is Liable for Loss of Government Property Entrusted to Him Under Service Rules and Bombay Civil Services Rules, 1959

The respondent, Arvind Ramrao Chakole, was an engineer employed by the Vidarbha Irrigation Development Corporation. He was entrusted with a Pentex Aut...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim for Child Death — Negligence of ST Bus Driver Established. MSRTC held vicariously liable for death of 10-year-old student hit by bus at bus-stand; compensation of Rs.4,00,000 with 8% interest upheld under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of a 10-year-old boy, Parikshit Bhosale, who died after being hit by a State Transpor...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Truck Damage Based on Survey Report. Survey Report Estimating Repair Costs at Rs. 1,90,490.50/- Accepted as Uncontroverted Evidence Under Motor Vehicles Act, 1988.

The appellant, Bhaskar Shankar Jagtap, owned a truck bearing registration No. MH-19-Z-1392. On 02/10/2006, while the truck was proceeding towards Mumb...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Death Due to Sudden Jerk Constitutes Untoward Incident. Parents of Deceased Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bonafide Passenger.

The appeal arises from a judgment and award dated 28/04/2017 passed by the Railway Claims Tribunal in OA(IIu)/NGP/2015/0213, whereby the Tribunal reje...