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Search Results for "MACT appeals"

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Supreme Court

Supreme Court Allows Appeal by Claimants in Motor Accident Case, Enhances Compensation by Including Major Sons and Married Daughter as Dependents. The Court applied the Birender principle that legal representatives need not be fully dependent, and recalculated compensation under Section 168 of the Motor Vehicles Act, 1988.

11 Feb 2025

The appeal arose from a motor accident claim where the deceased, Dev Raj, aged 50, died in a collision with a bus on 13 May 2015. The claimants, his w...

High Court

High Court of Karnataka Enhances Compensation for Minor Claimants in Motor Accident Cases — Notional Income Fixed at Rs. 15,000 per Month for Non-Earning Minors Under Motor Vehicles Act, 1988. The court applied the multiplier based on the age of the minor claimant, not the parents, and awarded compensation under multiple heads including pain and suffering, loss of amenities, and loss of expectation of life.

27 Sep 2024

The High Court of Karnataka disposed of three miscellaneous first appeals arising from motor accident claims filed by minor claimants. The appeals wer...

High Court

High Court of Karnataka Allows Appeals by Owner in Motor Vehicle Accident Cases — Reduces Compensation Due to Contributory Negligence of Deceased. Owner held not liable for negligence of driver where deceased was a gratuitous passenger in a goods vehicle, but contributory negligence of deceased reduces insurer's liability.

26 Jul 2023

The case involves multiple appeals filed by the owner of a goods vehicle (tractor) against the judgment and award of the Motor Accidents Claims Tribun...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Claimants failed to establish negligence of driver and income of deceased, leading to reduction in award.

25 Nov 2022

The case involves multiple appeals arising from a motor accident claim. The accident occurred on 10.02.2014 when a motorcycle ridden by Devarajegowda ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Future Prospects and Multiplier Applied Correctly. The court held that the Tribunal erred in not considering future prospects and applied a higher multiplier for loss of dependency.

13 Sep 2022

The appeals arise out of a motor vehicle accident that occurred on 22.12.2012 involving a lorry bearing registration No.KA-07/AA-1234. The claimants, ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court upheld the Tribunal's finding of negligence and enhanced compensation by applying a multiplier of 13, adding 30% future prospects, and awarding consortium, loss of estate, and funeral expenses under the Motor Vehicles Act, 1988.

3 Sep 2019

The case arises from a motor accident claim petition filed by Smt. Gourabai and Sri Parasharam (claimants) before the III Addl. Senior Civil Judge and...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Case — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court enhanced the notional income of the deceased from Rs.3,000 to Rs.4,500 per month and applied a multiplier of 18 under the Motor Vehicles Act, 1988, Section 173(1).

3 Sep 2019

The case involves two cross-appeals arising from a motor accident claim. The accident occurred on 18-06-2010 when the deceased, a 20-year-old bachelor...

High Court

High Court of Karnataka Enhances Compensation for Injured Minor in Motor Accident Case — Multiplier Applied for Future Loss of Earning Capacity. Claimant, a 16-year-old student, suffered 30% permanent disability; compensation increased from Rs.3,66,000 to Rs.5,66,000 with 6% interest.

27 Jan 2017

The case involves two appeals arising from a motor accident claim. The claimant, K. Koushik, a minor aged 16 years, was injured in a road accident on ...

High Court

High Court of Karnataka Allows Appeal by Injured Claimant and Dismisses Appeal by Owner in Motor Vehicle Accident Case — Compensation Enhanced from Rs.59,000 to Rs.1,00,000 with 6% Interest. Owner's Liability Upheld as Driver Had Valid License and Vehicle Was Insured.

2 Feb 2015

The case involves two appeals arising from a motor vehicle accident. The claimant, Y.S. Prakash, filed a claim petition before the Motor Accidents Cla...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence Not Proven as Claimant Failed to Examine Driver or Produce Documents. Claimant failed to discharge burden of proof under Motor Vehicles Act, 1988, Section 173(1) by not examining the driver of the offending vehicle, leading to adverse inference.

23 Jan 2013

The case involves two cross-appeals arising from a motor accident claim. The claimant, Ashok Raja Urs K., filed a claim petition before the Motor Acci...

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