Search Results for "Motor Vehicles Act, 1939"

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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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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Reduces Contributory Negligence from 50% to 25%. Claimants awarded enhanced compensation of Rs. 11,93,000 with interest at 6% per annum under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Vasappa Koti, challenging the judgment and award dated 01.09.2014 passed ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased was a 60-year-old agriculturist earning Rs.6,000 per month; Tribunal's notional income of Rs.4,500 per month enhanced to Rs.6,000 per month with multiplier of 9 and 1/3rd deduction for personal expenses.

The appeal was filed by the claimants (wife and children of the deceased Buddappa) under Section 173(1) of the Motor Vehicles Act, 1988, against the j...

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Bombay High Court Dismisses Appeal of Registered Owner in Motor Accident Claim. Registered Owner Held Liable for Compensation Despite Sale of Vehicle as Transfer Not Recorded with RTO Under Section 166 of Motor Vehicles Act, 1988.

The case involves a motor accident claim where the appellant, Hufriz Adi Sonawala, was the registered owner of a vehicle (No. MH-3 7791) which he clai...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimant failed to establish monthly income of Rs.6,000/-; notional income of Rs.4,500/- applied under Motor Vehicles Act, 1988.

The National Insurance Company Limited appealed against the judgment and award dated 22-12-2008 passed by the Motor Accident Claims Tribunal, Bangalor...

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High Court of Karnataka Quashes RTA Order Rejecting Stage Carriage Permit Applications on Notified Routes — Remands for Fresh Consideration. RTA Must Independently Apply Mind and Not Merely Rely on Objections of State Transport Undertakings Under Motor Vehicles Act, 1988.

The petitioner, Sree Gajanana Motor Transport Company Limited, a stage carriage operator, applied for four stage carriage permits on routes including ...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimants. Held that the Tribunal's assessment of compensation was just and proper, and the insurer is liable to pay the awarded amount.

The case arises from a motor accident claim petition filed by Venkatesh and Neelamma (claimants) seeking compensation for injuries sustained in a trac...

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Supreme Court Dismisses Appeal Against Cancellation of Stage Carriage Permit for Procedural Irregularity. RTA Must First Determine Need Under Section 47(3) of Motor Vehicles Act, 1939 Before Entertaining Permit Applications for New Routes.

The case involved a challenge to the grant of a stage carriage permit on a new route under the Motor Vehicles Act, 1939. The appellant, an operator, a...