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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

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Karnataka High Court Enhances Compensation in Motor Accident Claim, Recalculates Loss of Dependency Applying Future Prospects and Notional Income. Tribunal's Award Modified; Court Considers Applicability of Magma General Insurance on Consortium but Judgment Incomplete.

The appellants, dependants of a deceased pillion rider, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation...

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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 Dismisses Appeals by Insurance Company and KSRTC in Motor Accident Claim, Upholds Compensation of Rs.15,12,000 for Death of Pillion Rider. Negligence of KSRTC Bus Driver Established; Insurance Company Liable to Pay Compensation with 9% Interest.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Sebastian Parekal, who died in a road acciden...

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High Court of Bombay at Goa Upholds Conviction in Rash Driving Case — Death Caused by Negligent Driving of Mini Truck. Concurrent findings of fact based on credible evidence cannot be interfered with in revision.

The applicant, Pradeep N. Shetgaonkar, was convicted by the Judicial Magistrate First Class (JMFC) on 01/10/2012 for offences under Sections 279, 338,...

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High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident — 15% Contributory Negligence Upheld but Multiplier Corrected. Claimants awarded enhanced compensation of Rs. 10,82,550/- with 6% interest under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, the wife and two minor children of the deceased Eranna, against the judgment and award dated 2nd August 2014 pa...

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High Court of Karnataka Enhances Compensation for Death of Pillion Rider in Motor Accident Claim. Multiplier of 18 applied and 40% future prospects added to notional income of deceased aged 45 years under Motor Vehicles Act, 1988.

The appeal was filed by the claimant, Arun, son of deceased Hajavva, under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment an...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence — Dog on Road Caused Rider to Fall, Not Vehicle Impact. Claimant's Son Died After Losing Control of Motorcycle While Avoiding a Dog; Insurance Company's Appeal Partly Allowed Reducing Liability by 50%.

The appeal was filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 28.02.201...