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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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Bombay High Court Dismisses Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence. Claimants Failed to Prove That the Offending Vehicle Was Involved in the Accident, and Non-Examination of Eyewitness Led to Adverse Inference.

The appellants, original claimants, filed an appeal against the judgment dated 07.05.2004 of the Motor Accident Claims Tribunal, Jalgaon, which dismis...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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Supreme Court Allows Owner's Appeal in Vicarious Liability Case Due to Lack of Employer Authorization. Unauthorized Driver Taking License Test Not Acting Within Course of Employment Absolves Owner from Liability Under Tort Law.

The dispute arose from a personal injury caused by a motor vehicle accident. The respondent, Santanuprasad Jaishankar Bhatt, was injured when a taxi o...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Claimants failed to prove that the accident was caused by the rash and negligent driving of the truck driver under the Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...

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High Court of Karnataka Allows Cross-Objection and Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence of Deceased. Compensation Enhanced from Rs.1,80,000/- to Rs.3,34,000/- with 6% Interest.

The case arises from a motor accident claim petition filed by the parents of a deceased 20-year-old man who died in a road accident on 23-07-2007. The...