Search Results for "Nicolletta Rohtagi"

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Bombay High Court Dismisses Insurance Company's Appeal for Lack of Permission Under Section 170 of Motor Vehicles Act, 1988. Insurer Cannot Challenge Award on Merits Without Tribunal's Satisfaction of Collusion or Non-Contest by Owner.

The case involves an appeal filed by the Oriental Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Raigad at Alibag dated ...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Cases — Upholds Compensation for Death of Pillion Rider and Injuries to Others. Held that insurer is liable to pay compensation as the vehicle was insured and the accident occurred due to rash and negligent driving.

The case involves three first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against the common judgment and award of the Motor Accident Cl...

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Bombay High Court Dismisses Insurance Company's Revision Against Joint Liability in Motor Accident Claim — Insurer Cannot Challenge Quantum or Negligence Findings Beyond Section 149(2) Grounds in Revision Under Section 115 CPC.

The case arises from a motor accident claim petition filed by the parents of the deceased, Ganga Raghu Babhu Naidu, under Section 166 of the Motor Veh...

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High Court Dismisses Insurer's Appeal as Not Maintainable Due to Absence of Tribunal's Permission Under Section 170(b) of Motor Vehicles Act. Appeal Against Quantum of Compensation Fails as Insurer Did Not Obtain Leave to Contest Merits Beyond Statutory Defences.

The High Court of Judicature at Bombay, Bench at Aurangabad, dealt with an appeal filed by M/s Shriram General Insurance Company Limited against an aw...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No...