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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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Supreme Court Enhances Compensation for Minor Pillion Rider Suffering 100% Permanent Disability in Motorcycle Accident. Notional Income for Minor Determined Based on Minimum Wages of Skilled Workman Under Motor Vehicles Act, 1988.

The appellant, Hansraj, a minor aged about 14 years, was a pillion rider on a motorcycle driven by the first respondent, on 08.11.2016. The motorcycle...

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Supreme Court Allows Appeal for Enhanced Compensation in Motor Accident Case — Prosthetic Limb Compensation Mandated for Amputee Driver. Life Expectancy of 70 Years and 5% Annual Inflation Applied for Prosthetic Limb Replacement Costs Under Section 168 of Motor Vehicles Act, 1988.

The appellant, a 32-year-old driver, suffered a severe accident on 02.05.2007 when a Haryana Roadways bus dashed into his motorcycle from behind, resu...

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Bombay High Court Allows Appeal in Motor Accident Claim for Deceased Student - Compensation Enhanced. Notional income of Rs. 10,000/- upheld, multiplier corrected to 18, future prospects at 40% granted, and conventional heads enhanced under Section 166 of Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 02.09.2024 passed by the Motor Accident Claims Tribunal, Phaltan, in MACP No. 15/2024, where...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim for Priest with Parkinson's Disease. Income Assessed at Rs.10,000 per Month with 40% Future Prospects and Multiplier of 11 Under Motor Vehicles Act, 1988.

The appeal was filed by the original claimants, Vasanti Satish Joshi and Kirti Satish Joshi, challenging the order dated 21 April 2016 passed by the M...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sa...