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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

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Bombay High Court Partly Allows Insurer's Appeal in Motor Accident Claim — One-Third Deduction for Personal Expenses Applied Instead of One-Fifth. Pay-and-Recover Direction Upheld Despite Expired Driving Licence Under Motor Vehicles Act, 1988.

The appeal arose from a judgment of the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No.100/2009, awarding compensation of Rs.6,23,900/- to t...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Tractor Owner and Driver Held Liable for Compensation Despite Insurance Company's Exoneration. Deceased was a Gratuitous Passenger in Tractor Trolley, Not Covered by Insurance Policy; Owner and Driver Liable to Pay Compensation with Interest.

The case arises from a motor accident claim filed by the legal representatives of Bhanudas Kisan Goswami, who died in a tractor-trolley accident on 26...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Finding of Rash Driving by Tanker Driver. No Evidence of Contributory Negligence by Deceased Motorcyclist; Compensation of Rs. 23,50,000/- with 9% Interest Upheld.

The present appeal arises from a judgment and award dated 31.08.2021 passed by the Motor Accident Claims Tribunal (Auxiliary), Vadodara in MACP No. 87...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Violation of Policy Condition Due to Invalid Driving Licence. Insurer Not Liable to Pay Compensation as Driver Possessed Fake Licence, But Directed to Pay and Recover from Owner.

The case involves three first appeals filed by New India Assurance Company Ltd. against the common judgment and award passed by the Motor Accident Cla...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Contributory Negligence of 25% Affixed on Deceased Rider for Not Wearing Helmet, Reducing Claimants' Compensation Proportionately.

The judgment arises from two appeals: MFA No.8513/2015 filed by the claimants (parents of the deceased) seeking enhancement of compensation, and MFA N...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal for Enhancement Dismissed as Deceased was Contributing to Accident by Riding Without Helmet and Without Valid Driving License.

The case arises from a motor accident that occurred on 20.04.2014 when the deceased S. Virupanna @ Virupanna was riding as a pillion on a motorcycle t...