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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of ST Bus Driver. Principle of Res Ipsa Loquitur Applied as Bus Overturned on Wide Road Without Any Mechanical Defect.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased Virendra Joshi. The deceased die...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence and Enhances Compensation. Multiplicand revised upward based on income tax returns and multiplier applied as per Sarla Verma guidelines.

The appeal arises from a claim petition filed by the appellants, the widow and children of Naraindas, who died in a motor accident on 15th November 19...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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High Court of Bombay at Goa Enhances Compensation for Death of Minor Child in Motor Accident. Parents awarded Rs. 1,50,000 with interest under Motor Vehicles Act, 1988 for loss of dependency and consortium.

The appellants, parents of the deceased minor Suraj, filed a claim petition before the Motor Accident Claims Tribunal at Mapusa seeking compensation o...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Parked Without Lights Found Solely Negligent. Deceased Motorcyclist Not Guilty of Contributory Negligence as Unlit Stationary Truck Was Unavoidable Hazard Under Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Company Ltd against the judgment and order of the Motor Accident Claims Tribunal, Nagpur, in Mo...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that contributory negligence of deceased motorcyclist must be considered when calculating compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the respondents (original claimants) before the Motor Accident Claims Tribunal, Ahmednagar. The c...