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Bombay High Court Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation for Death of Three Pillion Riders. Held that Contributory Negligence of Deceased Pillion Riders Must Be Considered When They Were Traveling in a Goods Vehicle in Violation of Permit Conditions.

The New India Assurance Company Limited filed four first appeals under Section 173 of the Motor Vehicles Act, 1988, challenging the common judgment an...

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Bombay High Court Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable Despite Alleged Breach of Policy Conditions. Joint and several liability of driver, owner, and insurer upheld as insurer failed to prove willful breach of policy terms.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, who died in a road accident on 28 June 2006 i...

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Bombay High Court Allows Grand-Daughter's Employment Claim Under R&R Policy 2008 for Land Acquisition by Western Coal Fields Ltd. — Inclusive Definition of 'Family' Includes Other Relatives

The petitioners, Namdeo (land owner) and his grand-daughter Sonu, filed a writ petition under Article 226 of the Constitution of India seeking employm...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied.

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Trib...

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High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Deceased Motorcyclist's Contributory Negligence Not Established; Compensation of Rs. 2,50,000 Upheld Under Motor Vehicles Act, 1988.

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 17/8/2004 passed by the Motor Ac...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence of Deceased. Claimants awarded reduced compensation as deceased were gratuitous passengers in goods vehicle, violating permit conditions.

The case involves four first appeals filed by The New India Assurance Company Limited against common judgment and award dated 30.06.2006 passed by Mot...