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Bombay High Court Upholds Driver's Negligence in Fatal Motorcycle-Bicycle Accident and Enhances Compensation Under Motor Vehicles Act, 1988. Tribunal's Award Modified by Adding 15% Future Prospects and Conventional Heads as per National Insurance Co. Ltd. v. Pranay Sethi, 2017.

The appeal arose from a fatal road accident that occurred on 30.04.2007 at about 17.00 hrs involving a Bajaj Pulsar motorcycle bearing registration No...

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Madras High Court Hears Cross-Appeals in Motor Accident Compensation Claim Involving Income Assessment and Future Prospects. Insurance Company Challenges Quantum While Claimants Seek Enhancement Under Section 173 of Motor Vehicles Act, 1988.

These cross appeals arose from a motor accident claim. The claimants, being the wife, two daughters, and parents of deceased Kanak Kumar Bararia, soug...

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High Court of Bombay at Goa Holds Motor Accident Claims Tribunal's Negligence Finding Perverse in Road Accident Compensation Appeal. Tribunal's Dismissal of Claim Overlooked Material Oral Evidence and Misinterpreted Accident Sketch, and Higher Duty of Care Applied to Tipper Truck Driver.

Background: The appeal arose from a motor accident claim where the appellant sought compensation for injuries allegedly caused by a tipper truck beari...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Standard of Proof. Tribunal's requirement of eye witnesses to prove rash and negligent driving held contrary to preponderance-of-probabilities standard in Motor Vehicles Act, 1988 claims.

The litigation arose from a motor accident claim. The appellants were the minor siblings and widowed mother of Kirti Bhalchandra Chodankar, who died i...

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High Court of Bombay at Goa Hears Insurer's Appeal Against Motor Accident Tribunal Award. Appeal Questions Negligence Finding and Compensation Quantum in Fatal Motorcycle-Truck Collision.

Background: The appeal arose from a motor accident claim before the Motor Accident Claims Tribunal, Margao. The appellant was an insurance company cha...

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Bombay High Court Allows Appeal Against Motor Accident Claims Tribunal Dismissal of Claim Petition. Tribunal's Failure to Decide Quantum of Compensation and Misapplication of Standard of Proof Held Contrary to Law Under Motor Vehicles Act, 1988.

The appellant, widow of Jose Oliviero, filed a claim petition before the Motor Accident Claims Tribunal, Goa, seeking compensation for the death of he...

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Bombay High Court Allows Mother's Appeal in Motor Accident Claim; Awards Rs 11,68,921 Compensation for Son's Death. Tribunal Erred in Not Deciding All Issues and Applied Wrong Standard; Negligence of Truck Driver Proved by Preponderance of Probabilities under Motor Vehicles Act, 1988.

The appeal arose from a motor accident claim before the Motor Accident Claims Tribunal. The appellant, Mrs. Sarita Agarwal, widowed mother of Snehl Ag...