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Search Results for "motor vehicle claims"

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High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected from 13 to 14 and Future Prospects Added for Self-Employed Victim. The court held that the Tribunal erred in applying multiplier 13 and not adding future prospects, and that there was no contributory negligence by the deceased.

19 Jul 2024

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Muthaiah Shetty, who died in a road accident ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Income Assessment and Contributory Negligence Finding. Deceased was a 65-year-old business partner and commission agent; court held that income should be Rs.3,000 per month and driver was solely negligent, enhancing compensation from Rs.1,40,000 to Rs.2,30,000.

28 Aug 2023

The appeal was filed under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16th August 2004 passed by the Motor ...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

High Court

High Court of Karnataka Partly Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence of Claimant as Pillion Rider Not a Ground to Reduce Compensation Under Section 173(1) of Motor Vehicles Act, 1988. The court held that the pillion rider cannot be held negligent for the accident caused by the rider, and enhanced compensation from Rs.1,70,680/- to Rs.2,68,680/- with interest at 6% per annum.

12 Jul 2023

The case involves two appeals arising from a motor accident claim. The claimant, Kishore Kumar, a 21-year-old salesman, was a pillion rider on a motor...

High Court

High Court of Karnataka Enhances Compensation for Death of 30-Year-Old Driver in Motor Accident Case. Apportionment of Contributory Negligence at 25% Upheld, but Multiplier Corrected from 17 to 16 and Future Prospects Added at 40% Under Motor Vehicles Act, 1988.

7 Jul 2023

The case arises from a motor accident that occurred on 29.05.2016, when Santosh Ghadi (deceased) was riding a motorcycle and dashed against a stationa...

High Court

Bombay High Court Partially Allows Insurance Appeal and Dismisses Cross Objections in Motor Accident Claim — Reduces Compensation for Contributory Negligence. Deceased's contributory negligence assessed at 40% upheld, but compensation reduced under certain heads.

8 Mar 2023

The case arises from a motor accident on 19th February 2010 on the Pune-Mumbai Express Highway. The deceased, Jignesh Parekh, was driving his car when...

High Court

High Court of Karnataka Allows Claimant's Appeal for Enhanced Compensation and Owner's Appeal Against Liability in Motor Accident Case — Negligence of Driver Proved, Owner Liable for Compensation.

18 Dec 2020

The case involves two appeals arising from a common judgment and award dated 27.12.2010 passed by the Motor Accidents Claims Tribunal & Fast Track Cou...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim, Holds Owner and Insurer Vicariously Liable for Driver's Negligence Despite Breach of Instructions. The court ruled that carrying excess passengers does not absolve the owner of vicarious liability when the driver was acting in the course of employment under Section 166 of the Motor Vehicles Act, 1988.

14 Jan 2019

This appeal under Section 173 of the Motor Vehicles Act, 1988, was filed by the claimants, Malanbai and Vanita, challenging the judgment of the Claims...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Workmen's Compensation Case — Upholds Award of Rs.7,88,240/- for Death of Driver in Motor Vehicle Accident. Employer-Employee Relationship Established Despite Lack of Written Contract, and Insurer Liable to Pay Compensation Under Workmen's Compensation Act, 1923.

19 Dec 2018

The appellant, The Divisional Manager, The New India Assurance Company Limited, Hubli, filed an appeal under Section 30(1) of the Workmen's Compensati...

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