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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Goods Carriage Passenger Not Covered by Insurance Policy. Deceased was travelling as a gratuitous passenger in a goods vehicle, and the insurer is not liable under Section 147 of the Motor Vehicles Act, 1988.

The case involves an appeal by the New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP N...

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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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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

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Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

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High Court of Karnataka Partially Allows Insurance Company's Appeal and Claimant's Cross-Objections in Motor Accident Compensation Case — Multiplier Applied as per Second Schedule of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by K.B. Shivakumar Swamy (claimant) under Section 166 of the Motor Vehicles Act, 1988, seek...