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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 Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Finding of Rash Driving by Tanker Driver. No Evidence of Contributory Negligence by Deceased Motorcyclist; Compensation of Rs. 23,50,000/- with 9% Interest Upheld.

The present appeal arises from a judgment and award dated 31.08.2021 passed by the Motor Accident Claims Tribunal (Auxiliary), Vadodara in MACP No. 87...

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Supreme Court Allows Insurer's Appeal in Motor Accident Claim — Liability Shifted Back to Owner for Breach of Policy Condition. Vehicle Used for Religious Tour to Nepal Without Valid Permit Constitutes Fundamental Breach of Insurance Policy Under Section 149(2)(a)(i)(c) of Motor Vehicles Act, 1988.

The appeal arises from a motor accident claim where a vehicle bearing registration CG/07-LP/0342, owned by Durg Roadways Private Limited, was involved...

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High Court of Karnataka Enhances Compensation for Death of 55-Year-Old in Motor Vehicle Accident, Upholds Negligence Finding Against Driver. Multiplier applied as per Sarla Verma, future prospects at 10%, and conventional heads enhanced under Pranay Sethi.

This judgment arises from two cross-appeals under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 23.03.2021 in M...

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Supreme Court Allows Owner's Appeal in Motor Accident Case Due to Minor Driver Dispute — High Court's Finding of Negligence by Minor Set Aside as Evidence Showed Father Was Driving

The appeal arose from a motor accident claim where the deceased Vijay Jumnalkar died after being hit by a Bolero vehicle. The claimants (wife, mentall...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Appellants Awarded Rs. 40,00,000 with 6% Interest. Negligence of Driver Proved, Insurance Company Liable to Pay Compensation.

The appeal was filed by the legal representatives of the deceased Satyappa Satyanaikar, who died in a motor vehicle accident on 10.01.2016. The claima...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...