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Search Results for "Insurer's Appeal"

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High Court

Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Deceased Driver's Income Reassessed at Minimum Wage with Future Prospects and Correct Multiplier. The court held that in the absence of income proof, minimum wage notification should be adopted, and future prospects of 40% and multiplier of 18 are applicable for a 21-year-old bachelor.

9 Mar 2026

The present appeal arises from a judgment and award dated 28.12.2015 passed by the Motor Accident Claims Tribunal (Aux.), Rajula, in M.A.C.P. No. 863 ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Gratuitous Passenger in Goods Vehicle Not Covered by Insurance Policy. The court held that the insurer is not liable for death of a gratuitous passenger travelling in a goods vehicle, but the appeal was dismissed as the insurance company failed to prove breach of policy terms.

6 Jun 2017

The case involves an appeal by New India Assurance Company Ltd. against the judgment and order dated 27.09.1999 passed by the Motor Accident Claims Tr...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Proper Proof of Income and Correct Multiplier. Compensation Enhanced from Rs.3,84,000 to Rs.16,70,000 for Death of Accountant Aged 28 Years Under Motor Vehicles Act, 1988.

2 Aug 2017

This appeal arises from a motor accident claim petition filed by the widow, minor son, and father of the deceased Navneet Vyas, who died in a road acc...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist without helmet and license contributed to accident, reducing insurer's liability under Motor Vehicles Act, 1988.

27 Apr 2018

The present appeal was filed by the Insurance Company (United India Insurance Company Limited) challenging the judgment and award dated 12th February ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

16 Aug 2018

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Injured Cleaner. Notional Income Assessed at Rs. 4,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

23 Aug 2018

The appellant, Raju Narayan Ghodekar, a cleaner aged 30 years, was injured in a motor vehicle accident on 18th August 2011 when the truck in which he ...

High Court

High Court of Karnataka Allows Appeal in Succession Certificate Case — Nominee Wife Entitled to Bank Amount Over Mother's Claim. Succession Certificate Granted to Mother Set Aside as Nomination Under Section 45ZA of Banking Regulation Act, 1949 Confers Beneficial Interest on Nominee.

10 Apr 2014

The appeal was filed by Smt. Lakshmi Priyadarshini against the order dated 06.12.2012 in P & SC No.241/2007 on the file of the IX Additional City Civi...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Motor Accident Claim, Holding That Negligence of Bus Driver Established on Preponderance of Probability. The Court Rules That Standard of Proof in Accident Claims Under Motor Vehicles Act, 1988 is Preponderance of Probabilities, Not Beyond Reasonable Doubt, and Sudden Movement of Bus While Passenger Alights Constitutes Negligence.

3 Aug 2023

This appeal arose from the dismissal of a claim petition by the Principal Senior Civil Judge and I Additional MACT, Karwar, in MVC No. 290/2017. The a...

High Court

Bombay High Court Dismisses Revenue Appeals Against Deletion of Additions for Solvency Margin and Jeevan Suraksha Fund Loss in Assessment of Life Insurance Corporation. The Court Holds That Provision for Solvency Margin Made as per IRDA Directions is an Ascertained Liability and that Loss from Pension Fund Remains Deductible Under Section 44 Despite Exemption of Income Under Section 10(23AAB).

2 Aug 2011

The appeals arose from the assessment of Life Insurance Corporation of India under the Income Tax Act, 1961. The assessee, a life insurer, had in its ...

Supreme Court

Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Functional Disability Assessed at 90% Based on Loss of Earning Capacity. Claimant's Age Determined as 22 Years Using Documentary Evidence, Multiplier of 18 Applied Under Motor Vehicles Act, 1988.

11 Feb 2025

The Supreme Court allowed the appeal of the claimant-appellant, Sanjay Rajpoot, against the judgment of the Allahabad High Court which had enhanced th...

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