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High Court of Karnataka Allows Appeal by School Principal in Motor Vehicle Accident Claim — Reduces Compensation Due to Contributory Negligence. Pedestrian crossing road without care held 50% contributorily negligent, reducing liability of vehicle owner and insurer under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident claim. The appellant, Principal of St. Mary's Convent, owned a vehicle involved in an accident with a pe...

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Bombay High Court Allows Workmen's Compensation Appeal Despite Prior Motor Accident Claim. Section 167 of Motor Vehicles Act Does Not Bar Claim Under Workmen's Compensation Act When Claimant Elects One Forum and Later Seeks Higher Compensation Under Different Act.

The appellant, Narayan Chokhoba Waghbhije, was a driver employed by respondent no.1, Sangita Gharat, who owned a truck insured with respondent no.2, T...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Absence of Permit Not a Fundamental Breach. Insurer Liable to Pay Third-Party Claimants with Right to Recover from Owner Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Ashwinbhai Dalsukhbhai Bhamaniya, a watchman, was fatally hit by a tempo on 06.08.2010...

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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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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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Bombay High Court Holds That Motor Vehicle Under Repair at Garage is 'Use' for Purposes of Compensation Liability Under Motor Vehicles Act. Court Clarifies That Vehicles Stationed for Repair Fall Within Section 147 Liability, Rejecting Insurer's Narrow Interpretation of 'Use'.

The appeal arose from an order of the Motor Accident Claims Tribunal, Mumbai, awarding compensation of Rs. 8,26,000 with interest to the dependents of...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...