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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Established by FIR and Police Papers. No Evidence of Contributory Negligence by Jeep Driver Adduced, Hence Tribunal's Award of Rs.9,12,000/- Upheld.

The case arises from a fatal motor accident that occurred on 20 July 2007. The deceased, Raman Ghatule, along with others, was returning to his villag...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Public Purpose — Compensation Award Not Challenged on Merits. Petitioners' Challenge to Acquisition Under Land Acquisition Act, 1894 Fails as They Did Not Seek Reference for Higher Compensation and Acquiesced to Proceedings.

The petitioners, legal heirs of the original owner Anwar Hajee Alimohammed Hajee Cassum Agboatwala and other co-owners, filed a writ petition under Ar...

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Bombay High Court Allows Appeal by Siblings in Motor Accident Claim, Holds That Dependency Is Not a Condition Precedent for Compensation Under Section 166 of Motor Vehicles Act, 1988. The Court set aside the Tribunal's dismissal and remanded the matter for fresh assessment of compensation.

The appeal was filed by Farzana and Shoeb, siblings of the deceased Haroon, who died in a motor accident involving a bus owned by the Maharashtra Stat...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Underestimation of Permanent Disability. Claimant's 50% Disability Recognized Based on Medical Certificate, Award Increased from Rs. 72,400 to Rs. 1,44,800.

The appellant, Ashok Baliramji Bramhne, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a mo...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of Breadwinner. Dependency Calculation Based on Prospective Income and Multiplier Under Motor Vehicles Act, 1988.

The appellants, being the widow, minor son, and parents of deceased Santosh Birajdar, filed a claim petition under Section 166 of the Motor Vehicles A...

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High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim Under Section 163A of Motor Vehicles Act — Reduces Future Prospects and Non-Pecuniary Damages. The structured formula under the Second Schedule does not permit future prospects or excessive non-pecuniary damages.

The case arises from a motor accident claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by the legal representatives of the dec...