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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased. Court holds that contributory negligence cannot be presumed and Income Tax Returns of preceding years are sufficient proof of income.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, who died in a road accident on 19.03.2018 when a traile...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Notional Income Enhanced from Rs.3,000 to Rs.4,500 per Month for Deceased Labourer. Compensation Increased from Rs.6,10,000 to Rs.12,11,000 with 8% Interest Under Section 173 of Motor Vehicles Act, 1988.

The present first appeal under Section 173 of the Motor Vehicles Act, 1988, was preferred by the appellants-original claimants, being the legal heirs ...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation Awarded by Tribunal. Deceased was a 22-year-old student, court enhanced compensation by applying multiplier of 18 and adding 40% future prospects, and increased conventional heads.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.12.2021...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Non-Dependency of Claimants. Compensation Reduced as Brother and Niece of Deceased Pedestrian Not Entitled to Loss of Dependency Under Motor Vehicles Act, 1988.

The present appeal arises from a motor accident claim petition filed by the legal heirs of Maheshbhai Jaysukhlal Vora, a pedestrian aged 74 years, who...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim for Injured Claimant — Future Prospects and Minimum Wages Considered. Tribunal's award of Rs.3,68,687/- enhanced to Rs.5,00,000/- by applying minimum wage of Rs.8,000/- per month and 40% future prospects under Motor Vehicles Act, 1988.

The appellant, Vipulkumar Popatbhai Parmar, was the original claimant in a motor accident claim petition arising from an accident on 12.06.2018. He wa...

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High Court of Gujarat Enhances Compensation for Parents of Deceased in Motor Accident Claim — Future Prospects and Consortium Awards Increased Under Motor Vehicles Act, 1988. Notional Income of BBA Student Assessed at Rs.12,000 per Month with 40% Future Prospects and Multiplier of 18 Applied.

The appellants, parents of the deceased Vishalkumar Chandubhai Parmar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeki...