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Gujarat High Court Partly Allows Appeal by ST Corporation in Motor Accident Claim — Reduces Compensation Due to Lower Income Assessment and Conventional Damages. Deceased Motorcyclist's Income Reduced to Minimum Wage, Contributory Negligence Upheld at 10%.

The present appeal was filed by the Gujarat State Road Transport Corporation (original respondent) under Section 173 of the Motor Vehicles Act, 1988, ...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim, Upholds Finding of Sole Negligence of Auto Driver. Insurer of 5-wheeler auto directed to pay compensation with right to recover from owner for breach of policy conditions under Motor Vehicles Act, 1988.

The appeal arose from a judgment and order dated 12th April 2005 of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 278 of 1994. The...

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High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama.

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collid...

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Bombay High Court Partly Allows Appeal by Owner and Driver in Motor Accident Claim — Compensation Enhanced from Rs.17,77,000 to Rs.26,87,368. Deceased was a 48-year-old bank clerk; future prospects of 50% applied as per Pranay Sethi, and conventional heads enhanced.

The present appeal arises from a judgment and award dated 14.05.2009 passed by the Motor Accident Claims Tribunal at Mapusa in Claim Petition No. 25 o...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Future Prospects and Multiplier Applied Correctly. The court held that the Tribunal erred in not considering future prospects and applied a higher multiplier for loss of dependency.

The appeals arise out of a motor vehicle accident that occurred on 22.12.2012 involving a lorry bearing registration No.KA-07/AA-1234. The claimants, ...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention.

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before...

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High Court of Karnataka Allows Petition to Quash Charges Against Lorry Owner in Illegal Sand Mining Case — Absence of Specific Allegations Against Owner Leads to Quashing of Proceedings Under Section 482 Cr.P.C.

The petitioner, Bhimashen Rao @ Bhimashankar, was the owner of a lorry bearing registration No.KA-28-C-0687 (Tipper). He was arrayed as accused No.3 i...