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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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High Court of Karnataka Dismisses Appeal for Enhancement of Compensation in Motor Accident Claim — Deceased was a 30-year-old agriculturist earning Rs.9,000 per month; Tribunal's award of Rs.13,84,000 upheld as just and proper.

This appeal arises from a motor accident claim. The claimant, Dyamawwa, is the mother of the deceased Tippanna Kenchannavar, who died in a road accide...

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High Court of Karnataka Enhances Compensation for Motor Accident Victim Due to Inadequate Assessment of Loss of Future Earning Capacity. The Court modified the award from Rs.3,24,500/- to Rs.15,25,000/- with 12% interest, holding that the Tribunal's assessment of disability was erroneous.

The appellant, Rajkumar, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Fast...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case Due to Tribunal's Failure to Consider Evidence on Income and Disability. ESI Contribution of Rs.122 per month Held as Relevant Proof of Employment and Income Under Section 166 of Motor Vehicles Act, 1988.

The appellant-claimant, Balakrishna, filed an appeal under Section 166 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 17.02...

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Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

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Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award.

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 ...