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Search Results for "Insurer's Appeal"

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High Court

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Criminal Conviction and Determine Just Compensation. The court set aside the Tribunal's award and remanded the matter for fresh consideration, directing the Tribunal to consider the criminal conviction as strong evidence and to determine just compensation.

28 Mar 2024

The appellant, Mrs. Medhini Kajumolkar, mother of the deceased Nagesh, filed a claim petition before the Motor Accident Claims Tribunal seeking compen...

High Court

Bombay High Court Holds Entire Rule 15 of MEPS Rules Applies to Probationary Employees Under Section 5(3) of MEPS Act — Non-Compliance of Sub-Rules (3) and (5) Does Not Ipso Facto Vitiate Termination if Sub-Rule (6) Is Satisfied. The court clarified that only sub-rule (6) of Rule 15 is relevant for termination during probation, and failure to comply with sub-rules (3) and (5) does not automatically invalidate termination if the Management has objectively assessed the employee's performance.

30 May 2023

This judgment arises from a reference made by a learned Single Judge to a Larger Bench of the Bombay High Court at Nagpur, concerning the interpretati...

High Court

Bombay High Court Allows Insurance Company's Appeal on Apportionment of Compensation in Motor Accident Claim. Typographical error in Tribunal's order corrected to ensure mother receives major share of compensation.

31 Mar 2012

The case arises from a motor accident claim petition filed by the legal heirs of a deceased person who died in a collision between a Tempo Trax and a ...

High Court

Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

15 Feb 2019

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

High Court

Bombay High Court Allows Appeal by Western Coalfields Limited in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Jeep Owner Not Liable for Full Compensation as Deceased Employee's Negligence Contributed to Accident.

26 Jul 2019

The case arises from a motor accident that occurred on 13 August 2004, when Sandeep Gupta, an employee of Western Coalfields Limited (WCL), was drivin...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Erroneous Deduction and Multiplier. Deceased bachelor's personal expenses deduction corrected to 1/3rd, multiplier reduced to 16 based on mother's age, and 10% contributory negligence applied.

16 Oct 2025

The appellant, an insurance company, challenged the award of the Motor Accident Claims Tribunal granting Rs. 1,02,00,000 to the respondents, legal hei...

High Court

Bombay High Court Enhances Compensation for Amputation of Left Hand in Motor Accident Claim — Loss of Earning Capacity Assessed at 100% for Labourer. Claimant, a 30-year-old labourer, suffered amputation of left hand due to rash driving of bus; High Court applied multiplier of 17 and enhanced compensation from Rs.2,88,850 to Rs.4,06,000 under Motor Vehicles Act, 1988.

27 Jul 2015

The appellant, Sayeedabi, a 30-year-old labourer (Mukadam), was a passenger in a luxury bus that met with an accident on 15.7.2002 due to rash and neg...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent in Head-On Collision with S.T. Bus. Contributory Negligence Not Established as Bus Had Crossed Bridge and Truck Fell Off, Based on Spot Panchnama and Evidence.

22 Jan 2016

The case arises from a motor accident claim petition (No. 84 of 1995) filed by Ravikant Padmakar Tarekar, the driver of a State Transport bus, who sus...

High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Unlicensed Driver. Driver lacked valid transport licence; insurer liable to pay compensation but entitled to recover from owner and driver under 'pay and recover' principle.

8 Jan 2026

The case arises from a motor accident claim where the claimant sustained injuries due to a collision between a motorcycle and a luxury bus. The Motor ...

High Court

Gujarat High Court Enhances Compensation for Injured Police Constable in Motor Accident Case - Permanent Disability Assessed at 40% with Future Prospects and Multiplier of 15 Applied. Claimant's Left Leg Amputated Below Knee Due to Truck Driver's Rashness; Compensation Enhanced from Rs.3,03,360/- to Rs.7,19,976/- with 9% Interest.

25 Mar 2026

The appellant, Rameshchandra Balvantsinh Damor, a police constable, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation fo...

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