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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof. Tribunal's assessment of monthly income at Rs.19,000 based on appointment letter and salary slips without income tax returns held insufficient.

The case arises from a motor accident claim petition filed by the parents of the deceased, Mr. Anuj Nitin Dighe, who died in a motor vehicular acciden...

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Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation.

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

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person ...

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High Court Quashes Lok Adalat Award in Motor Accident Claim Due to Lack of Claimants' Signatures on Settlement Memo. Lok Adalat Award Set Aside as Settlement Memo Not Signed by Claimants, Violating Section 20 of Legal Services Authorities Act, 1987, and Appeal Restored for Merits Hearing.

The dispute arose from a motor accident claim where the husband and father of the petitioners died in a road traffic accident. The Motor Accidents Cla...

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High Court of Karnataka Enhances Compensation for Death of Mutt Priest in Road Accident — Multiplier Corrected from 13 to 14 Based on Age of Deceased. The Court held that the multiplier must be based on the age of the deceased, not the claimant, under Section 173(1) of the Motor Vehicles Act, 1988.

The appellant, Shri S.B Shivamurthy Shivachary Hiremutt, was the claimant before the Senior Civil Judge and JMFC, Shorapur, in MVC No.175/2013, seekin...

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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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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation — Enhances Compensation with Future Prospects and Increased Pain & Suffering. Notional Income of Cleaner Assessed at Rs. 3,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Jitendrabhai Rajendrabhai Yadav, was a cleaner in an Eicher Tempo when on 05.06.2007, a collision between two tempos on the Ahmedabad-M...

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High Court of Gujarat Enhances Compensation for Injured Pedestrian in Motor Accident Claim. Tribunal's assessment of functional disability and future loss of income revised; compensation increased from Rs.4,05,500/- to Rs.6,42,700/-.

The appellant, Ganpatbhai Bhagabhai Rathwa, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award...

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High Court of Bombay at Aurangabad Upholds Compensation Award in Motor Accident Claim — MSRTC Liable for Negligent Driving Causing Fracture to Claimant. Permanent disability assessed at 20% with multiplier of 16 applied for loss of earning capacity under Motor Vehicles Act, 1988.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging th...