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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist — Applies 50% Deduction for Lack of Driving License and Violation of Traffic Rules

The case arises from a motor accident on 12.08.2014 when the deceased, Sartanbhai Bhalubhai Rathava, was returning as a pillion rider on a motorcycle ...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — No Liability for Own Accident Under Section 163A of Motor Vehicles Act, 1988. Driving Without Licence Constitutes Breach of Policy Condition, Absolving Insurer of Liability for Death of Owner-Driver.

The case involves an appeal by The New India Assurance Co. Limited against the judgment and order dated 15/01/2008 of the Motor Accident Claims Tribun...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Negligence of Driver Not Established, Insurance Company Held Liable. Court enhances compensation from Rs.10,50,000 to Rs.15,00,000 under Section 173 of Motor Vehicles Act, 1988, applying res ipsa loquitur principle.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants, challenging th...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence Deduction Set Aside and Compensation Enhanced. Pillion Rider Not Liable for Contributory Negligence; Income Reassessed with Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Vinubhai Dayabhai Pansuriya, was a pillion rider on a motorcycle when a Maruti car driven by respondent no.1 in a rash and negligent ma...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Award of Rs.12,04,970 with 9% Interest. Negligence of Motorcycle Driver Established; No Error in Multiplier or Dependency Calculation.

The present appeal was filed by the Oriental Insurance Company Ltd under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awa...

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Bombay High Court at Goa Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Permanent Disability. Negligence of Qualis Jeep driver established; no contributory negligence by motorcycle rider; award of Rs. 10,00,000 upheld under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 06.02.2009. The claimant, Hemant Dabolkar, aged 35, was a Branch Manager at M/s Space O...

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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 ...