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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Burden of Proof Under Section 149 Not Discharged. Insurance Company Failed to Lead Evidence to Prove Breach of Policy Conditions, Hence Liable to Pay Compensation Jointly and Severally.

The appellant, United India Insurance Company Ltd., filed a first appeal challenging the judgment and order dated 04.03.1996 passed by the Motor Accid...

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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 Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Allows Insurance Claim for Loss in Transit Under Marine Insurance Policy. Plaintiff entitled to recover sum insured with interest as per contract terms.

The Plaintiff, Hindustan Copper Ltd., filed a suit for recovery of Rs.11,35,053.82 with interest from the Defendant, New India Assurance Co. Ltd., for...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Future Prospects and Multiplier Applied Correctly. The court held that the Tribunal erred in not considering future prospects and applied a higher multiplier for loss of dependency.

The appeals arise out of a motor vehicle accident that occurred on 22.12.2012 involving a lorry bearing registration No.KA-07/AA-1234. The claimants, ...