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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Standard of Proof. Tribunal's requirement of eye witnesses to prove rash and negligent driving held contrary to preponderance-of-probabilities standard in Motor Vehicles Act, 1988 claims.

The litigation arose from a motor accident claim. The appellants were the minor siblings and widowed mother of Kirti Bhalchandra Chodankar, who died i...

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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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Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to No Loss of Earning Capacity. Claimant's 20% disability did not result in any reduction in salary, so compensation for loss of earning capacity was set aside.

The case involves an appeal by Bajaj Allianz General Insurance Co. Ltd. against the judgment and award dated 02.06.2010 of the Motor Accident Claims T...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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High Court Allows Insurance Company Appeal in Motor Accident Claim -- Sets Aside MACT Award Due to Prior Workmen's Compensation Proceedings -- Claimants Barred from Filing Under MV Act After Electing WC Act Remedy

The High Court allowed appeal by Insurance Company against MACT award granting compensation of Rs.4,94,000/- to legal heirs of deceased R.Manju -- Dec...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Liability Upheld. Claimant's injuries and treatment evidence sufficient to affirm MACT award under Section 173(1) of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 27.11.2015 at 11:30 p.m. when a Bolero Jeep bearing registration No.KA-38-M-2752, driven by its...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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High Court of Karnataka Dismisses Appeals by Owner and Insurer in Motor Vehicle Accident Case — Compensation of ₹1,40,200 Upheld. Claimant Manjunath awarded compensation for injuries sustained in accident involving vehicle KA-20/550, with owner and insurer held jointly liable.

The case involves two appeals arising from a common judgment and award dated 04.12.2008 passed by the Additional Motor Accidents Claims Tribunal (MACT...

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...