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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 Partly Allows Insurance Company's Appeal, Reduces Interest Rate in Motor Accident Claim. Claimant's compensation of Rs.19,08,550 upheld but interest reduced from 9% to 7.5% per annum under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2011 when the claimant, a pedestrian, was hit by a tanker bearing registration No. GJ-6-V...

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Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...

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Bombay High Court Dismisses Insurer's Appeal in Workmen's Compensation Case — Injured Driver Awarded Full Compensation for 100% Loss of Earning Capacity. Fracture of Tibia and Fibula Resulting in Permanent Disability to Drive Vehicle Justifies Compensation Under Workmen's Compensation Act, 1923.

The appeal was filed by the United India Insurance Co. Ltd. against the judgment and order dated 21-02-2004 passed by the learned Commissioner for Wor...

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Bombay High Court Enhances Compensation for Injured Surgeon in Motor Accident Claim — Applies Multiplier of 18 and 40% Future Prospects. Claimant's permanent disability assessed at 40% leads to enhanced award of Rs. 18,00,000.

The case involves two appeals arising from a motor accident claim. The claimant, Dr. Narayansing Hazari, a surgeon aged about 54 years, sustained inju...