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High Court Dismisses Insurer's Appeal and Partly Allows Claimant's Enhancement in Motor Accident Claim Involving Empty Tractor. Breach of Policy Condition Not Established as Tractor Was Empty at Time of Accident Despite Commercial Use, Under Section 173(1) of Motor Vehicles Act, 1988.

The case involves two cross-appeals arising from a motor accident claim. The claimant, a pedestrian, was injured when a tractor-trailer returning empt...

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — No Contributory Negligence Found. Compensation of Rs.23,10,000/- awarded to legal heirs of deceased motorcyclist upheld as Tribunal correctly assessed negligence and quantum under Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Gujarat State Road Transport Corporation (GSRTC) challengi...

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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 Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Award of Rs.12,08,000 with 9% Interest. Deceased Police Constable Died in Truck Collision While on Duty; Negligence of Truck Driver Established.

The case arises from a motor accident claim filed by the legal heirs of a deceased police constable. On 31.05.2001, the deceased was on duty and follo...

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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 Partly Allows Appeal by Owner of Uninsured Truck in Motor Accident Claim. Compensation Enhanced from Rs.82,200 to Rs.1,50,000 for Death of Pillion Rider Due to Rash Driving Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 22/2/1995 where Nirmala, a 57-year-old woman, died as a pillion rider on a moped after being hit by a truck. ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims for Death of a Minor and Injuries. Tribunal's multiplier of 15 for 17-year-old deceased set aside; multiplier of 18 applied as per Sarla Verma v. DTC, and compensation enhanced for pain and suffering and medical expenses.

The case arises from a motor vehicle accident that occurred on 22.10.2011 involving a lorry bearing registration No. KA-11/5719 driven by respondent N...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims for Death and Injuries. Multiplier method applied as per Sarla Verma; compensation enhanced for loss of dependency, consortium, and medical expenses under Motor Vehicles Act, 1988.

The judgment pertains to three connected appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, arising from a motor vehicle accident tha...