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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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Bombay High Court Dismisses Petition Challenging Arbitral Award in Pipeline Construction Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahanagar Gas Ltd., challenged an arbitral award dated 5th March 2010 passed by a sole arbitrator under Section 34 of the Arbitration ...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — 10% Contributory Negligence Set Aside and Compensation Enhanced. Rear-end collision by truck held solely negligent; multiplier of 17 applied with 40% future prospects for self-employed deceased aged 30.

The present appeal arises out of a judgment and award dated 01.12.2012 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP No.1145 of 2005...

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High Court of Karnataka Allows Appeal by Injured Claimant and Dismisses Appeal by Owner in Motor Vehicle Accident Case — Compensation Enhanced from Rs.59,000 to Rs.1,00,000 with 6% Interest. Owner's Liability Upheld as Driver Had Valid License and Vehicle Was Insured.

The case involves two appeals arising from a motor vehicle accident. The claimant, Y.S. Prakash, filed a claim petition before the Motor Accidents Cla...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for riding without helmet and causing accident, reducing compensation by half.

The case arises from a motor accident on 22.12.2015 where the deceased, Dahyabhai Umedsinh Parmar, was riding a motorcycle with two pillion riders whe...

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High Court of Gujarat Enhances Compensation for Injured Pillion Rider in Motor Accident Claim. Multiplier of 18 applied with 40% future prospects, and compensation for pain and suffering increased to Rs.50,000/- under Motor Vehicles Act, 1988.

The appellant, Jayendrasinh Prabhatsinh Devdhara, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and awa...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...

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Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...