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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence. Negligence of Driver Established Through Oral Testimony and Site Inspection Report, Entitling Claimant to Compensation Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Laximan Vithoba Gaunkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 2,00,000...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Truck Damage Based on Survey Report. Survey Report Estimating Repair Costs at Rs. 1,90,490.50/- Accepted as Uncontroverted Evidence Under Motor Vehicles Act, 1988.

The appellant, Bhaskar Shankar Jagtap, owned a truck bearing registration No. MH-19-Z-1392. On 02/10/2006, while the truck was proceeding towards Mumb...

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High Court of Karnataka Enhances Compensation for Parents of Deceased in Motor Accident Case — Multiplier Corrected from 13 to 14 and Future Prospects Added. The Court applied multiplier 18 based on deceased's age of 25 years and added 40% future prospects under Motor Vehicles Act, 1988, Section 166.

This appeal arises from a judgment and award dated 30.07.2013 passed by the VI Additional District & Sessions Judge, Belagavi in MVC No.2503/2012, awa...

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Bombay High Court at Goa Allows Appeal in Motor Accident Claim Case Due to Error in Computing Future Prospects and Consortium. Compensation Enhanced from Rs. 13,77,000 to Rs. 15,27,000 for Death of 48-Year-Old Clerk in Road Accident.

The case arises from a motor accident claim petition filed by the husband and two sons of the deceased Ujwala, who died in a road accident on 23.02.20...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Criminal Proceedings — Tribunal Erred in Dismissing Claim on Ground of Non-Examination of Eye Witnesses.

The present appeal arises from the dismissal of a claim petition under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribun...

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High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable Despite Invalid Driving Licence Due to Lack of Causal Connection. Owner Not Required to Pay Compensation Where Insurer Fails to Prove That Licence Breach Caused Accident.

The case involves two appeals filed by the owner of a vehicle, Sri Vijayakumar, against the judgment and award of the Motor Accidents Claims Tribunal ...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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High Court of Gujarat Dismisses Appeal by GSRTC in Motor Accident Claim — Upholds Award of Rs.24,93,000 for Amputation of Leg. ST Bus Driver Held Solely Negligent; No Contributory Negligence by Motorcyclist Established Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...