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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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Madras High Court Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claim Case. Claimants awarded enhanced compensation under Motor Vehicles Act, 1988 for death of a 55-year-old businessman, applying multiplier of 11 and adding 15% future prospects.

The case involves appeals arising from a motor accident claim petition. The deceased, M.S. Arumugam, aged 55, a businessman, died in a road accident o...

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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...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Insured Vehicle Driver Proved. Insurance Company Liable to Pay Compensation as No Breach of Policy Conditions Established.

The case arises from a motor accident claim filed by the heirs of Ganesh Vinayak Gavhane, who died in a collision on 15 June 2012. The deceased was a ...

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Bombay High Court Disposes of Six First Appeals on Common Issue of Multiplier in Motor Accident Cases. Multiplier to be Based on Age of Deceased and Not on Age of Claimants, and 50% Deduction for Personal Expenses of Bachelor Deceased Upheld under Motor Vehicles Act, 1988.

The Bombay High Court was seized of six first appeals arising from awards of various Motor Accident Claims Tribunals, all involving the death of young...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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High Court Dismisses Insurer's Appeal in Motor Accident Compensation Case, Upholding Pay and Recovery. Insurer Liable to Third-Party Claimants Despite Tractor Driver's Lack of Valid Licence; Pay and Recover Principle Survives Motor Vehicles (Amendment) Act, 2019.

The appeal arose from a motor accident compensation claim. The claimants, who are the parents and minor sister of the deceased Velmurugan, filed MCOP ...