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Search Results for "Insurer's Appeal"

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High Court

High Court of Bombay Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Joint Tortfeasors Based on Degree of Negligence. The court held that where two vehicles are involved in a collision, liability must be apportioned according to the degree of negligence, and the multiplier for a 50-year-old deceased is 13 with 15% future prospects.

26 Jul 2023

The appellants, the widow and two sons of the deceased Shamrao Bhosale, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seek...

High Court

High Court of Karnataka at Kalaburagi hears batch of motor accident claim appeals under Section 173(1) of Motor Vehicles Act, 1988. The appeals contest various awards by different tribunals, but the judgment text lacks substantive reasoning, so the court’s findings and final orders are not ascertainable.

22 Dec 2020

The present batch of 24 miscellaneous first appeals under Section 173(1) of the Motor Vehicles Act, 1988, came before the High Court of Karnataka at K...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

6 Dec 2019

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Employee Compensation Case — Employer-Employee Relationship Established. New India Assurance Company Limited held liable to pay compensation under Section 30(1) of the Employees Compensation Act, 1923 for death of a workman arising out of and in the course of employment.

28 Jun 2019

The appellant, New India Assurance Company Limited, filed an appeal under Section 30(1) of the Employees Compensation Act, 1923 against the judgment a...

High Court

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.

21 Dec 2017

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...

High Court

High Court of Karnataka Allows Insurer's Appeal in Workmen's Compensation Case — Tractor Insurer Not Liable for Trolley Accident. The court held that the insurer of a tractor is not liable for compensation for death caused by a trolley attached to the tractor when the trolley is not insured under the same policy, and the tractor was not involved in the accident.

1 Sep 2015

The appeal was filed by M/s United India Insurance Company Limited, the insurer of a tractor, challenging the judgment and award dated 17.12.2005 pass...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased was a Software Engineer aged 30 years, Tribunal awarded ₹42,77,360, High Court enhanced to ₹1,02,60,000 with 6% interest. The Court held that future prospects of 50% must be added for a 30-year-old software engineer and conventional heads enhanced following precedents.

18 Jun 2015

The case arises from a motor accident claim petition filed by Smt. M.R. Sushma, widow of late Narendra Rajarao Sulakhe, who died in a road accident on...

High Court

High Court of Karnataka Partly Allows Insurer's Appeal Reducing Compensation in Motor Accident Claim Due to Erroneous Income Assessment. Tribunal's Award of Rs. 23,59,400 Reduced to Rs. 6,39,000 as Deceased's Income Was Not Properly Proved and Future Prospects Were Wrongly Added.

7 Aug 2014

The case involves an appeal by the National Insurance Co. Ltd. against the judgment and award dated 06/01/2011 passed by the XVI Additional Judge, Mot...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Vehicle Accident Claim — Policy Validity Co-extensive with Registration Certificate. Insurer's liability ceases when registration certificate expires and is not renewed, but insurer must prove that policy was issued for a period not exceeding the validity of registration.

13 Mar 2013

The case involves an appeal by the New India Assurance Co., Ltd. against a judgment and award of the Motor Accidents Claims Tribunal (MACT), Bangalore...

High Court

Bombay High Court Dismisses Insurance Company Appeals in Motor Accident Claims — Upholds Compensation Awards for Third-Party Deaths and Injuries. Insurer's Liability Under Motor Vehicles Act, 1988 Cannot Be Avoided on Grounds of Breach of Policy Conditions Without Evidence of Contributory Negligence or Wilful Default.

30 Nov -0001

The judgment involves three first appeals filed by United India Insurance Co. Ltd. against awards of compensation passed by Motor Accident Claims Trib...

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