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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim — Tribunal Erred in Dismissing Injury Claim for Lack of Evidence. Claimant's testimony and medical evidence sufficient to prove disability and loss of earning capacity under Motor Vehicles Act, 1988.

The appellant, Satling Gangadhar Bagal, an ex-serviceman aged 49 years, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Third-Party Injuries. Insurer's Liability Under Section 147 of Motor Vehicles Act, 1988 Cannot Be Avoided on Ground of Breach of Policy Conditions Without Evidence of Wilful Default.

The New India Assurance Company Ltd. filed three appeals against a common judgment of the Motor Accident Claims Tribunal awarding compensation to thre...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Multiplier applied as per age of deceased, not claimant, for loss of dependency under Motor Vehicles Act, 1988.

The judgment arises from two connected appeals under Section 173(1) of the Motor Vehicles Act, 1988, against the award dated 15.12.2012 in MVC No. 763...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Negligent Driving of Insured Vehicle. Deceased Teacher's Income and Future Prospects Properly Assessed Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 29/10/2005 of the Motor Accident Claims Tribunal, Gondia, in Claim Petition No.40/2004. The Tribunal...

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Bombay High Court Upholds Insurer's Liability in Workmen's Compensation Case — Accident in Course of Employment as Loader. Employer-Employee Relationship Established; Insurer's Breach of Policy Defence Rejected Under Workmen's Compensation Act, 1923.

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and order dated 22.02.2011 passed by the Commissioner under the Wo...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Permanent Partial Impairment. Commissioner's assessment of disability at 40% set aside; 65% disability as per medical certificate accepted under Workmen's Compensation Act, 1923.

The appellant, Binddadin Ramasray Varma, was a labourer working on a truck owned by respondent no.1. On 13 December 2003, he sustained a compression f...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Terms. The court held that vague statements in FIR are insufficient to prove overloading and that the insurer must lead independent evidence to establish breach of policy conditions.

The appeal arose from a judgment and award dated 28.2.2007 passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.5/1999. The dispute invo...