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Search Results for "enhancement appeal"

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High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Eye-Witness. Claimant entitled to compensation as rash and negligent driving established through documentary evidence and circumstances under Section 166 of Motor Vehicles Act, 1988.

15 Oct 2019

The appellant, Nitin Narayanrao Magar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of...

High Court

High Court of Karnataka Enhances Compensation for Injured Pillion Rider in Motorcycle Accident — Reduces Contributory Negligence from 20% to 10%. The court held that a pillion rider cannot be attributed negligence without evidence of his own fault, and awarded enhanced compensation under various heads under the Motor Vehicles Act, 1988.

15 Apr 2024

The appellant, Sri R. Kishore Kumar, a 22-year-old pillion rider, sustained grievous injuries in a road accident on 20.08.2018 due to the rash and neg...

High Court

High Court of Karnataka Enhances Compensation for Motorcycle Accident Victim in MVA Appeal — Multiplier Corrected from 15 to 16 Based on Age of Claimant. The Court applied multiplier 16 as per Sarla Verma and added 40% future prospects as per Pranay Sethi for self-employed claimant aged 41 years, enhancing total compensation from Rs. 3,69,000 to Rs. 5,16,800.

23 Jul 2024

The appellant-claimant, Sri Sadath Ali Khan, aged 41 years, was the rider of a motorcycle bearing registration No.KA-42-U-5623. On 05.03.2016 at about...

Supreme Court

Supreme Court Allows NHAI Appeal, Reduces Compensation for Land Acquisition Under National Highways Act. Arbitrator's Reliance on Single Sale Deed of Dissimilar Land Held Contrary to Section 26(1)(b) of Right to Fair Compensation Act.

12 May 2026

The Supreme Court allowed the appeal filed by the National Highways Authority of India (NHAI) against the judgment of the Bombay High Court (Nagpur Be...

High Court

High Court Enhances Compensation for Driver with Spinal Injury Under Workmen's Compensation Act — 100% Loss of Earning Capacity Assessed Based on Functional Disability. The court held that a driver who suffered fracture of D-12 vertebra and could no longer bend or perform strenuous activities suffered 100% loss of earning capacity under Section 4(1)(c) of the Workmen's Compensation Act, 1923.

4 Jul 2023

The appellant, Aadham Shek, a Heavy Transport Vehicle driver by profession, sustained a fracture of the D-12 vertebra (spinal cord) in a vehicular acc...

High Court

High Court of Karnataka Partly Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence of Claimant as Pillion Rider Not a Ground to Reduce Compensation Under Section 173(1) of Motor Vehicles Act, 1988. The court held that the pillion rider cannot be held negligent for the accident caused by the rider, and enhanced compensation from Rs.1,70,680/- to Rs.2,68,680/- with interest at 6% per annum.

12 Jul 2023

The case involves two appeals arising from a motor accident claim. The claimant, Kishore Kumar, a 21-year-old salesman, was a pillion rider on a motor...

High Court

High Court of Karnataka Enhances Compensation for Death of Babulal Jainapur in Road Traffic Accident — Multiplier Corrected from 13 to 14 and Future Prospects Added. Claimants awarded Rs.24,52,500/- with interest at 6% per annum under Motor Vehicles Act, 1988.

18 Aug 2023

The appeal was filed by the claimants, who are the mother, wife, and two children of the deceased Babulal Jainapur, seeking enhancement of compensatio...

High Court

High Court of Karnataka Enhances Compensation for Permanent Disability at Young Age in Motor Accident Claim. The Court held that quantification of non-pecuniary damages requires careful consideration, especially when the claimant suffers permanent disability at a young age under Section 173(1) of the Motor Vehicles Act, 1988.

11 Jan 2022

The appellant, Basavaraj, aged 21, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road ac...

High Court

Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Corrected Multiplier and Reduced Interest Rate. Tribunal's finding of 15% contributory negligence upheld, but multiplier corrected from 14 to 13 as per Sarla Verma guidelines, and interest reduced from 9% to 7.5%.

23 Feb 2026

The case arises from a motor accident claim petition filed by the widow and children of Dhulabhai Mohanbhai Vankar, who died in a vehicular accident o...

High Court

High Court of Gujarat Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Deduction of Personal Expenses and Correct Multiplier. Tribunal's award modified as per Sarla Verma principles under Motor Vehicles Act, 1988.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal heirs of Pusharam Gevarchand Mistri (Luhar), who died in a road accident on 24...

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