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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Fall from Train as Untoward Incident Under Section 124A of Railways Act, 1989. Recovery of Valid Monthly Season Ticket from Deceased's Body Establishes Bona Fide Passenger Status, Reversing Tribunal's Finding of Trespass.

The appellants, parents of the deceased Milind Balaram Sakpal, filed a claim for compensation under Section 124A of the Railways Act, 1989, alleging t...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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High Court of Bombay at Goa Upholds Conviction in Rash Driving Case — Death Caused by Negligent Driving of Mini Truck. Concurrent findings of fact based on credible evidence cannot be interfered with in revision.

The applicant, Pradeep N. Shetgaonkar, was convicted by the Judicial Magistrate First Class (JMFC) on 01/10/2012 for offences under Sections 279, 338,...

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High Court of Bombay at Goa Quashes FIR in Rash Driving Case Based on Compromise Between Parties. Offences Under Sections 279, 338, 504 IPC Held to Be Non-Serious and Compoundable with Court's Permission, Allowing Quashing in the Interest of Justice.

The petitioner, Padmanabh Rawal, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No....

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Pay and Recover Order Against Owner Upheld. Insurer Directed to Pay Compensation to Claimants and Recover from Owner Due to Breach of Policy Conditions.

The appeal was filed by the United India Insurance Company Ltd. challenging the Judgment and Award dated 28.08.2017 passed by the Motor Accident Claim...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Was Established.

The case arises from a motor accident claim filed by the legal heirs of Samsuddin Ansari, who died in a collision between a truck (MP-20-HB-5499) and ...

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Bombay High Court Dismisses Employer's Appeal in Workmen's Compensation Case — Employer-Employee Relationship Established. Factory Worker's Right Leg Amputated Due to Machine Accident; Compensation of Rs.5,63,795 with 12% Interest Upheld Under Workmen's Compensation Act, 1923.

The present appeal was filed by original respondent Nos.1 and 2 (Jeev Urja Private Limited and its Executive Director Vasant Kulkarni) challenging the...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim. Non-Joinder of Minidor's Owner and Insurer Does Not Vitiate Claim as Tribunal's Negligence Finding Was Based on Evidence and Not Perverse.

The case arises from a motor accident on 8/2/2003 when Manoj Mahadeorao Yete, aged 21, was traveling as a passenger in a minidor (MH29/2963) from Bori...