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Gujarat High Court Allows Appeal in Workmen Compensation Case — Employer Not Liable for Accident Caused by Employee's Own Negligence. The court held that the accident did not arise out of and in the course of employment as the deceased driver was not on duty at the time of the accident.

The present First Appeal was filed by the original defendant, Faridaben Naruddinbhai Jambughodawala, challenging the judgment and award dated 20.10.20...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Death of Bachelor. Deduction of 1/3rd Towards Personal Expenses Held Erroneous; 50% Deduction Applied as Per Law.

The appeal was filed by the claimants, being the father, mother, widow, and children of Sheikh Ashiq, who died in a vehicular accident on 11.7.2004. T...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% contributorily negligent in head-on collision; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

The case arises from a motor accident on 25.12.1989 on National Highway No.7 near Kondhali, Nagpur, involving a collision between two trucks: one bear...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions Not Proved by Insurance Company. Claimants entitled to compensation as insurer failed to establish that vehicle was used for commercial purpose in violation of policy terms.

The case arises from a motor accident claim petition filed by Rambhau Gawai and his two sons (appellants) under Section 166 of the Motor Vehicle Act, ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death Due to Truck Driver's Negligence. Insurer failed to prove breach of policy conditions; award of Rs.29,51,000/- with 7% interest confirmed under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow and son of Mahendra Sonawane, who died in a collision on 21 February 2007. The deceased...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Owner's Claim Against Self Maintainable Under Contract of Insurance. Insurer Liable to Indemnify Owner for Injuries Sustained While Driving Own Vehicle Under Section 147 of Motor Vehicles Act, 1988.

The present appeal was filed by the appellant-Insurance Company challenging the judgment and award dated 28.09.2011 in MVC No.54/2010 passed by the Se...