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Search Results for "passenger fall"

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High Court

High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Negligence of KSRTC Bus Driver Established. Claimant awarded increased compensation for injuries sustained in bus accident under Motor Vehicles Act, 1988.

1 Aug 2014

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Reshma S. Ganga, was a passenger in a KSRTC bus on 23.02.2009 wh...

High Court

Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

12 Apr 2022

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Dependents of Deceased Granted Compensation for Untoward Incident. Death of a passenger at railway station while waiting to receive his son is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden of proving exception lies on the Railways.

2 Jan 2023

The appellants, dependents of the deceased Pruthviraj Gajbhiye, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the...

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 Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

27 Sep 2013

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Goods Carriage Passenger Not Covered by Insurance Policy. Deceased was travelling as a gratuitous passenger in a goods vehicle, and the insurer is not liable under Section 147 of the Motor Vehicles Act, 1988.

28 Jun 2023

The case involves an appeal by the New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP N...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable for Compensation Despite Deceased Being a Passenger in Goods Vehicle. The Court interpreted Section 163-A of the Motor Vehicles Act, 1988 to hold that the insurer is liable to pay compensation under the structured formula irrespective of the nature of the vehicle or the status of the occupant.

9 Feb 2026

The case arises from a motor accident claim under Section 163-A of the Motor Vehicles Act, 1988. The appellants, being the legal heirs of the deceased...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

4 Feb 2026

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Motorcyclist — Deceased Pillion Rider's Death Caused by Rash Driving, Tribunal Erred in Dismissing Claim on Ground of No Negligence. The court held that in a single-vehicle accident involving a pillion rider, the burden to explain the accident lies on the rider, and failure to do so leads to an inference of negligence against the rider under Section 166 of the Motor Vehicles Act, 1988.

5 Sep 2014

The case pertains to a motor accident claim filed by the legal heirs of Josepha Fernandes @ Josepha Da Silva, who died in a motorcycle accident on 17....

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

7 Jan 2019

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...

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