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Gujarat High Court Partly Allows Appeal by Claimants in Motor Accident Claim Case — Enhances Compensation from Rs.7.71 Lakhs to Rs.12.33 Lakhs. Multiplier of 18 applied and 40% future prospects added for self-employed deceased aged 25 years under Section 166 of Motor Vehicles Act, 1988.

The present appeal was filed by the original claimants, who are the heirs and legal representatives of the deceased, against the judgment and award da...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

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Supreme Court Partly Allows Appeal of Claimants in Motor Accident Case — Enhances Compensation by Including Prepaid License Fee in Deceased's Income. Income Tax Return Held as Primary Evidence for Determining Annual Income; Depreciation Not Considered as Income.

The appellants, heirs of Aranganathan who died in a motor accident on 25 May 2001, filed a claim under Section 166 of the Motor Vehicles Act, 1988 bef...

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Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Income Assessment Upheld. Tribunal's Award of Rs. 88,46,000/- with 12% Interest Confirmed as Based on Evidence.

The case arises from a motor accident claim petition filed by the respondents (claimants) being the wife, daughter, and mother of the deceased Dilip M...

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Bombay High Court Allows Insurer's Appeal in Part — Reduces Compensation by Setting Aside Pain and Suffering Award and Lowering Interest Rate. Following Sarla Verma, no compensation for pain and suffering is payable to legal heirs in fatal accident cases under Section 166 of Motor Vehicles Act, 1987.

The New India Assurance Co. Ltd. appealed against the judgment and order dated 31st January 2012 of the Motor Accident Claims Tribunal, Mumbai, which ...

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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, with Right to Recover from Owner. Third-party liability upheld under Motor Vehicles Act, 1988, applying 'pay and recover' principle.

The case arises from a motor accident claim filed by Babulal Somani and Rukhamanibai, parents of the deceased, who died in a vehicular accident involv...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced Due to Incorrect Multiplier and Omission of Future Prospects. Multiplier of 16 Applied Under Motor Vehicles Act, 1988 for Deceased Aged 35 Years.

The appeal was filed by the legal representatives of the deceased, Chintaman Kolekar, who died in a motor vehicle accident involving a motorcycle and ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of a 19-Year-Old Student. Court holds that future prospects must be considered even for non-earning deceased, and multiplier should be based on age of deceased, not claimant.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased, a 19-year-old student named Pra...