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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence by Tribunal. Claimant Proves Rash and Negligent Driving Through Panchanama and Witness Testimony Under Motor Vehicles Act, 1988.

The appellant, Shri Anant Sahadev Parsekar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in ...

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Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965.

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Mahar...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Auto-Rickshaw Driver. Deceased driver found 50% negligent, reducing compensation and interest rate under Motor Vehicles Act, 1988.

The appeal was filed by The Oriental Insurance Company Limited against the judgment and award dated 31.7.2008 passed by the Motor Accident Claims Trib...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim — Negligence of Deceased Rider Established but Compensation Enhanced. Future Prospects, Multiplier, and Conventional Heads Recalculated as per Pranay Sethi and Sarla Verma.

The case arises from a motor accident that occurred on 20.06.2016, when the deceased Yashawant Dafale was riding a motorcycle bearing registration No....

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased. Compensation of Rs. 4,50,000 Upheld as Vehicle Involvement and Negligence Proved Despite Delay in FIR.

The case arises from a motor accident claim filed by the parents of a minor deceased, Mehulbhai Thakorbhai Patel, who died due to injuries sustained i...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Involvement of Vehicle Established on Preponderance of Probabilities. Delay in FIR and Absence of Vehicle Number in FIR Not Fatal When Other Evidence Supports Claim Under Motor Vehicles Act, 1988.

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

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High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Sufficient Evidence of Vehicle Involvement. Tribunal Erred in Dismissing Claim Petition Under Section 166 of Motor Vehicles Act, 1988 Despite FIR and Panchnama Showing Involvement of Offending Vehicle.

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988 by the original claimants, Simkiben Bhanabhai Rathod and another, being...