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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Wrong Train. Identification of Deceased by Son Through Belongings Sufficient Under Railways Act, 1989.

The appeal was filed by the legal heirs of deceased Motiram Meshram against the judgment of the Railway Claims Tribunal, Nagpur, which rejected their ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train.

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagp...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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High Court of Bombay at Nagpur Dismisses Union of India's Appeal in Railway Accident Compensation Case. Claimant's Fall from Train Due to Jerk and Rush Constitutes 'Untoward Incident' Under Section 123(c) of the Railways Act, 1989.

The Union of India, through the General Manager of South Central Railway, appealed against the judgment and award dated 21st September 2010 passed by ...

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High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Deceased Motorcyclist's Contributory Negligence Not Established; Compensation of Rs. 2,50,000 Upheld Under Motor Vehicles Act, 1988.

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 17/8/2004 passed by the Motor Ac...

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Bombay High Court Upholds Consumer Forum Compensation for Railway Death Due to Negligence in Providing Safe Travel. Railway Administration Held Liable for Death of Passenger Thrown from Train by Miscreants as Deficiency in Service Under Consumer Protection Act, 1986.

The Union of India, through the General Manager of South Central Railway, filed a writ petition challenging an order of the District Consumer Disputes...