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Bombay High Court Examines Insurer's Defense in Motor Accident Compensation Case Based on Incompatible Driving License. Insurer Relies on Section 149(2)(a)(ii) of Motor Vehicles Act, 1988, Arguing Driver's Light Motor Vehicle License Was Invalid for Heavy Goods Vehicle Involved.

The appeal arose from a motor accident claim in which the parents of a seven-year-old girl, who died after being hit by a truck while returning from s...

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Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Error in Multiplier Application. Tribunal's Use of Multiplier of 12 Instead of 13 for Deceased Aged 40 Years Corrected Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Ranchhodbhai Dayabhai, who died in a road accident on 18.08.1998. The...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs.3,64,500 to Rs.5,50,000. Apportionment of Liability Between Two Tortfeasors Upheld Under Section 173 of Motor Vehicles Act, 1988.

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

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High Court of Karnataka Declines to Interfere in Tender Award for Ash Handling Plant; Holds Scope of Judicial Review Limited and Finds No Arbitrariness in Awarding Contract to Lowest Bidder Consortium Despite Office Memorandum Barring Chinese Companies.

The writ petition was filed by Macawber Beekay Pvt. Ltd. challenging the notice inviting tender dated 24.06.2022 and the consequent letter of intent i...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimant. Negligence of Auto Rickshaw Driver Established, No Contributory Negligence by Motorcyclist Found.

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and award dated 20.06.2015 passed by the Senior Civil Judge and Addit...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Case Due to Inadequate Assessment of Income and Future Prospects. Claimant awarded Rs. 11 lakhs instead of Rs. 3.12 lakhs under Section 166 of Motor Vehicles Act, 1988.

The appellant, Dharmendarasinh Chandarasinh Jadeja, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment a...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Lack of Driving License Due to Absence of Evidence of Willful Breach. Compensation Enhanced from Rs. 1,00,000 to Rs. 1,50,000 with 6% Interest.

The appellant, Rathnamma, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident in...

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Supreme Court Allows Claimants' Appeal in Motor Accident Case for CA Student, Enhancing Compensation for Future Prospects. Notional Income of Rs. 15,000 per month with 40% future prospects applied under Motor Vehicles Act, 1988.

The case arises from a motor accident on 11.06.2013 when a Wagon-R car collided with a stationary truck on the BRT Corridor, Delhi, resulting in the d...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Case — Negligence of Tractor Driver Proved, Compensation Enhanced for Loss of Future Earnings Due to Permanent Disability.

The case involves two appeals arising from a motor accident claim. The claimant, Babanna H. @ Babu, a loader, was traveling on a tractor-trailer loade...