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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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Supreme Court Allows Claimants' Appeal in Motor Accident Compensation Case by Granting Future Prospects. Compensation Enhanced with 40% Future Prospects and Interest Rate Modified to 7.5% Under Motor Vehicles Act, 1988 Principles.

The appeal arose from a motor accident claim where the deceased Kiran died in a road accident on March 30, 2010, while riding a two-wheeler that was h...

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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Apprentice Steward. Future Prospects and Correct Multiplier Applied Under Motor Vehicles Act, 1988.

The appellant, Vincentina Paulina D'Souza, filed a claim petition before the Motor Accident Claims Tribunal (MACT) at Goa seeking compensation for the...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Dismisses Insurer's Appeal Against Compensation Award for Driver's Permanent Disablement. Employer and Insurer Held Jointly and Severally Liable Under Employees' Compensation Act, 1923.

The appeal arises from a judgment and award dated 7th February 2020 passed by the learned Commissioner for Employees' Compensation and Judge, Tenth La...

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Bombay High Court Allows Enhancement in Motor Accident Claim; Upholds Oral Evidence of Employer and Applies Multiplier of 18 as per Sarla Verma. Income of Deceased Determined at Rs.300 Per Day Based on Unshaken Oral Testimony, and Compensation Enhanced from Rs.8,94,000 to Rs.14,88,000.

This first appeal was filed by the mother and minor brother of the deceased, who died in a motor vehicle accident on 27 August 2015. The deceased, age...

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Madras High Court Dismisses Revenue's Appeals in Insurance Company Tax Case — Upholds ITAT Order on Disallowance of Claims and Deductions. The court held that the assessee's method of accounting for outstanding claims and the deduction under Section 80M were correctly allowed by the Tribunal.

The case involves a batch of appeals filed by the Principal Commissioner of Income Tax, Chennai, under Section 260A of the Income Tax Act, 1961, again...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver and Insurance Coverage. Deceased was a passenger in trolly attached to tractor; court held that insurer is liable to pay compensation under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Yavatmal, dismissing the claim petition of the legal representatives of Naray...