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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Notional Income Assessment Error. Tribunal's award set aside as it failed to consider minimum wages for computing loss of dependency under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Pappubhai, who died in a road accident on 28.05.2016. The claimants s...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent and Enhances Compensation. Contributory Negligence Not Applicable to Third-Party Claimant; Income of Injured Assessed at Rs.3,000 per Month Under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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High Court of Gujarat Enhances Compensation for Injured Tempo Driver in Motor Accident Claim. Tribunal's failure to award vehicle damage as third-party property and to properly assess income leads to enhanced award under Motor Vehicles Act, 1988.

The appellant, Dhansukhbhai Ichchhubhai Patel, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal ...

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Gujarat High Court Partly Allows Appeal Enhancing Compensation in Motor Accident Claim for Personal Injury and Vehicle Damage. The Court held that rejection of own damage claim does not bar third party property claim under Motor Vehicles Act, 1988, and awarded additional Rs.50,000/- for vehicle damage.

The appellant, Dhansukhbhai Ichchhubhai Patel, was the original claimant in a motor accident claim petition arising from an accident on 11.01.2012. He...

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Gujarat High Court Allows Insurance Company's Appeal Reducing Compensation Due to Contributory Negligence and Lower Income Assessment. Claimant's failure to prove income and own negligence led to 50% reduction in awarded amount.

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who suffered severe injuries due ...