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Search Results for "exonerated insurer"

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High Court

High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased, a pillion rider on a motorcycle driven by a minor without a license, contributed to the accident by not wearing a helmet, reducing the insurer's liability to 50%.

30 Jul 2019

The case arises from a motor accident claim petition filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion o...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

6 Jun 2023

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence — Tribunal's Dismissal Set Aside, Matter Remanded for Fresh Consideration. The Court held that the Tribunal's conclusion that the appellant failed to establish rashness and negligence was perverse and against the evidence on record.

29 Nov 2013

The appellant, Ms. Rosa Gonsalves alias Rosa Fernandes, wife of the deceased Jose Fernandes, filed a claim petition under the Motor Vehicles Act, 1988...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

High Court

Bombay High Court Allows Appeal of Legal Representatives in Motor Accident Claim — Insurer Liable Under Personal Accident Cover for Owner-Driver. Section 163-A of Motor Vehicles Act, 1988 does not bar claim for personal accident cover when insured dies while driving own vehicle.

29 Sep 2020

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 6th February 2020, which dismissed a claim petition filed by th...

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

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Suicide Not Proved as Consequence of Accident Injuries. Claimant failed to establish causal link between accidental injuries and suicide, thus insurer not liable under Motor Vehicles Act, 1988.

7 Oct 2022

The case involves an appeal by the New India Assurance Company Limited against the judgment and award of the Motor Accident Claims Tribunal, Osmanabad...

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 Gujarat Upholds Compensation for Death of Minor in Motor Accident — Bajaj Alliance General Insurance Company Limited v. Juberbhai Ikbalbhai Selot & Ors.

12 Feb 2026

The case involves a first appeal by Bajaj Alliance General Insurance Company Limited against the judgment and award dated 05.04.2019 passed by the Mot...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimant failed to establish monthly income of Rs.6,000/-; notional income of Rs.4,500/- applied under Motor Vehicles Act, 1988.

1 Jul 2017

The National Insurance Company Limited appealed against the judgment and award dated 22-12-2008 passed by the Motor Accident Claims Tribunal, Bangalor...

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