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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 ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Insurance Company's Failure to Prove Policy Cancellation. Dishonour of Cheque for Premium Does Not Automatically Terminate Insurance Contract Without Proper Notice to Insured and Third Parties.

The appeal was filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment of the Motor Accident Clai...

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Kalaswamy, a pedestrian, was hit by a car driven by respondent No.5 and owned by respo...

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Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

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Bombay High Court Dismisses Insurance Company's Appeal in Workmen's Compensation Case — Death of Driver During Employment Course. Employer-Employee Relationship Established; Insurance Company Liable to Pay Compensation Under Workmen's Compensation Act, 1923.

The case involves an appeal by New India Assurance Company Limited against an award passed by the Commissioner for Workmen's Compensation and Judge, L...

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Bombay High Court Allows Owner's Appeal in Motor Accident Claim — Vehicle Not in Use at Time of Accident. Lorry parked without driver on roadside does not attract owner's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by Respondent No.1, the mother of deceased Yengappa Nanumanta Reddy, who died when a lorry bearing N...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish the income of the deceased teacher and the rash and negligent driving of the offending vehicle, leading to reduction in award.

The case involves a Civil Miscellaneous Appeal filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the award...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...