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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Death of Third Party. Insurer Liable Under Section 166 of Motor Vehicles Act, 1988 Despite Stationary Vehicle, as Negligence of Other Driver Proved.

The case arises from a motor accident claim filed by the sons of the deceased, Rukminibai Ramayya Kamtam, who died in a road accident on 16 April 2010...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Case — 50% Permanent Disability Justifies Higher Award. Loss of Future Income for Labourer Increased from Rs.50,000 to Rs.1,00,000 Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Siddharth Dupare, was a labourer who sustained grievous injuries in a motor vehicle accident when the jeep he was traveling in, driven ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimant failed to establish monthly income and contributory negligence was not considered by Tribunal.

The appellant, National Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

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Bombay High Court Allows Appeal in Motor Accident Claim for Death of Minor Child, Enhancing Compensation from Rs.3,70,000 to Rs.5,00,000. Notional Income of Deceased Child Assessed at Rs.30,000 Per Year Following Supreme Court Precedent in Kishan Gopal v. Lala.

The appeal arose from a motor accident claim for the death of a 7-year-old boy. The Claim Tribunal had awarded Rs.3,70,000/- as compensation, consider...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. The court held that the driver of the Tata 407 was negligent in overtaking, contributing 50% to the accident, and reduced the insurer's liability accordingly.

The case arises from a motor accident that occurred on 22.05.2012 involving a Tata 407 vehicle (MH-27/C-230) and an autorikshaw (MH-27/C-6242). The ac...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Widow and Children. Future Prospects and Loss of Consortium Granted Under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants (widow, children, and parents of the deceased) against the judgment and award dated 3rd April 2018 in MACP No. 4...

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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Widow and Minor Children of Deceased Awarded Enhanced Compensation for Death of Breadwinner. Negligence of Trax Driver Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 18/10/2013 passed by the Claims Tribunal, Nagpur in M.A.C.P No.686/2008. The appellants, being the w...