Search Results for "Tortfeasor"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Tortfeasor"

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High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver Not Proved by Insurance Company. The court upheld the Tribunal's award of compensation to the legal representatives of a deceased fisherman, holding that the insurer failed to prove breach of policy conditions or contributory negligence.

16 Jul 2026

The appellant, The New India Assurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and aw...

Supreme Court

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.

15 May 2026

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

24 Feb 2026

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

High Court

Gujarat High Court Enhances Compensation for Pillion Rider in Motorcycle Accident — Income Notionally Assessed at Rs.6,000 per Month for Non-Earning Housewife. The court held that a housewife's notional income should be reasonably assessed and future prospects added, enhancing total compensation from Rs.2,50,000 to Rs.5,68,840 under Motor Vehicles Act, 1988.

20 Feb 2026

The appellant, Snehalben Niteshbhai Kathiriya, was a pillion rider on a motorcycle on 25.01.2015 when an accident occurred between two motorcycles nea...

High Court

Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

19 Jan 2026

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No. 894 of 2020. Claimant awarded Rs. 2,50,000/- for injuries sustained in road accident under Motor Vehicles Act, 1988.

25 Apr 2024

The appellant-claimant, Sri Milind Kunale, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award da...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

5 Mar 2018

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

High Court

Bombay High Court Dismisses Insurer's Appeal in Composite Negligence Case — Insurer Liable for Entire Compensation with Right to Recover from Other Tortfeasor. Claimants can recover full amount from one joint tortfeasor under Section 166 of Motor Vehicles Act, 1988; insurer cannot compel joinder of other vehicle owner.

29 Jan 2014

The appeal arises from a judgment and award dated 01.04.2013 passed by the Motor Accident Claims Tribunal, Achalpur in Claim Petition No. 62 of 2010. ...

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