Search Results for "Section 173, Motor Vehicles Act"

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Search Results for "Section 173, Motor Vehicles Act"

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High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of 45-Year-Old Businessman. Tribunal's deduction of 30% towards income tax held erroneous; multiplier of 14 applied on notional income of Rs. 6,000 per month with 50% future prospects.

16 Apr 2018

The appeal arises from a judgment dated 7-7-2015 passed by the Senior Civil Judge and Additional MACT at Basavakalyan in MVC No.154/2014. The appellan...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct.

17 Jun 2019

The case arises from a motor accident that occurred on 20.05.2012 involving a motorcycle and a lorry. The deceased, Tajpeer, was a pillion rider on th...

High Court

High Court of Karnataka Allows Appeal for Enhanced Compensation in Motor Accident Claim — Multiplier Corrected from 12 to 13 for Deceased Aged 50 Years. Loss of Dependency Recalculated with 30% Future Prospects Addition Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The appeal arises from a claim petition under Section 166 of the Motor Vehicles Act, 1988, filed by the wife of B.V. Narasimhappa, who died in a road ...

High Court

High Court of Karnataka Partly Allows Appeal by KSRTC and Cross-Objection by Claimants in Motor Vehicle Accident Case — Compensation Enhanced for Death of 22-Year-Old Bachelor. Multiplier of 18 applied and 40% future prospects added, but contributory negligence of 25% upheld against deceased for riding without helmet.

14 Dec 2023

The case arises from a motor vehicle accident that occurred on 09.03.2016, when the deceased, Mayigaiah, a 22-year-old bachelor, was riding a motorcyc...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim — Fastens Liability on Insurer Despite Owner's Breach of Policy Conditions. Claimants entitled to compensation from insurer as third-party rights are protected under Section 149 of Motor Vehicles Act, 1988.

28 Feb 2020

The appeal was filed by the claimants, legal representatives of the deceased Narasimhaiah, who died in a motor vehicle accident on 08.02.2016. The cla...

High Court

High Court of Karnataka Enhances Compensation for Widow and Minor Child in Motor Accident Claim — Negligence of Lorry Driver Established. The court modified the Tribunal's award under Section 173(1) of the Motor Vehicles Act, 1988, increasing compensation from Rs. 6,50,000 to Rs. 8,50,000 for the death of a pedestrian due to rash driving.

9 Dec 2016

The case involves an appeal by the claimants, Shantavva (widow) and Veerbhadrappa (minor son), against the judgment and award dated 04.03.2015 passed ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Conditions. The court held that the insurer must prove that the driver did not have a valid driving license by adducing cogent evidence, and mere allegations are insufficient to avoid liability under Section 173(1) of the Motor Vehicles Act, 1988.

28 Jun 2021

The case involves an appeal filed by United India Insurance Co. Ltd. against the judgment and award dated 26.08.2009 passed by the Additional District...

High Court

Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Deduction for Personal Expenses from 1/3rd to 2/3rd for Earning Spouse. Court holds that where both spouses are earning and living together without children, the appropriate deduction for personal expenses is 2/3rd of the deceased's income, not 1/3rd.

1 Oct 2024

The New India Assurance Co. Ltd. appealed against the Judgment and Award dated 23.12.2021 passed by the Motor Accident Claims Tribunal, Alibaug in MAC...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Lack of Income Proof. Claimant's disability assessed at 10% whole body, but contributory negligence of 50% applied as accident occurred due to negligence of both rider and claimant.

13 Dec 2024

The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appe...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of Auto-Rickshaw Driver Due to Negligence of Another Vehicle. Multiplier applied as per Sarla Verma and future prospects added as per Pranay Sethi principles.

24 Jun 2019

The appeal was filed by the claimants, being the wife, minor children, and mother of the deceased K.V. Ramanathan, who died in a motor vehicle acciden...

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