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High Court Considers Appeal for Enhanced Compensation in Motor Vehicles Act Case Due to Allegedly Inadequate Award for Paraplegic Victim. Medical Evidence Confirmed 100% Permanent Disability with Need for Lifelong Care, Prompting Review of Quantum of Compensation.

The appeal arises from a motor accident claim where the appellant, a young doctor, suffered complete paraplegia after a tempo-trax hit his scooter. Th...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation by Applying Correct Multiplier and Future Prospects. Contributory Negligence Finding Set Aside as No Evidence of Negligence by Deceased Driver.

The case arises from a motor accident claim filed by the legal heirs of Hamirji Virchandbhai Thakor, who died in a vehicular accident on 2nd September...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver Established by Evidence. The Court set aside the Tribunal's finding of no negligence and remanded for fresh consideration.

The appellant, Mrs. Agustha D' Souza Cardozo, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, seeking compensation for in...

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Bombay High Court Allows Conversion of Claim Petition from Section 166 to Section 163-A of Motor Vehicles Act in Fatal Accident Case. Claimants entitled to compensation under no-fault liability despite deceased's own negligence.

The appeal arises from a judgment of the Claims Tribunal, Mumbai, dismissing M.A.C.P No.645 of 2006 filed under Section 166 of the Motor Vehicles Act,...

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High Court of Karnataka Allows Legal Representatives to Continue Appeal Under Section 166(5) of Motor Vehicles Act, 1988 - Section 166(5) Held Retrospective, Applies to Pending Appeals Where Claimant Died Before Amendment.

The case involves two appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 07.03.2011 in MVC Nos.19...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...