Search Results for "Tortfeasor"

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Search Results for "Tortfeasor"

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High Court

High Court of Gujarat Enhances Compensation for Injured Minor in Motor Accident Claim — Tribunal's Lump-Sum Award Set Aside. Compensation for pain, shock and suffering, medical expenses, special diet, attendant charges, loss of amenities, and conveyance charges must be itemized under Motor Vehicles Act, 1988.

26 Feb 2026

The appellant, Sagarbhai Ramsingbhai Bhuriya, a minor, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sus...

High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Applied Based on Deceased's Age and Income. The court held that the Tribunal erred in applying multiplier 13 instead of 14 and added 30% future prospects to notional income under Section 166 of Motor Vehicles Act, 1988.

9 Jul 2021

The appeal arises from a judgment and award dated 06.07.2013 passed by the XXIII Additional Small Cause Judge and XXI ACMM, MACT, Bengaluru, in MVC No...

High Court

High Court of Karnataka Allows KSRTC Appeal and Dismisses Insurance Company Appeal in Motor Vehicle Accident Claim — Apportionment of Liability Between Tortfeasors Determined Based on Contributory Negligence. The court held that when two vehicles are involved in an accident, the liability of the insurer of each vehicle is to be determined based on the degree of negligence, and the owner of the other vehicle is not liable to pay compensation if the accident was caused solely by the negligence of the driver of the insured vehicle.

23 Dec 2020

The case involves two appeals arising from a motor vehicle accident claim. The accident occurred when a KSRTC bus collided with a lorry owned by M/s S...

Supreme Court

Supreme Court Enhances Compensation for 100% Disabled Child in Motor Accident Case — Just Compensation Must Include Adequate Attendant Charges, Pain and Suffering, and Loss of Marriage Prospects. The Court held that for a child with 100% permanent disability, compensation under various heads must be realistic and substantial, not token.

31 Jan 2020

The case involves a claim for compensation by Kajal, a young girl who suffered catastrophic injuries in a motor accident on 18th October 2007. While t...

Supreme Court

Supreme Court Upholds Regulation Barring Compassionate Appointment for Dependents Who Claim Compensation from Corporation in Vehicle Accidents Involving Corporation's Own Vehicle. The Court held that Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 is not violative of Article 14 as it creates a reasonable classification to avoid double burden on the Corporation.

4 Oct 2019

The Rajasthan State Road Transport Corporation (Corporation) appealed against the Rajasthan High Court's judgment declaring Regulation 4(3) of the Raj...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Single-Vehicle Accident Case. Legal Heirs of Driver-Brother Entitled to Compensation Under Comprehensive Policy Under Motor Vehicles Act, 1988.

16 Aug 2018

The case involves an appeal by United India Assurance Company Ltd. against an award of compensation to the legal heirs of Bhaskar Patki, who died in a...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Due to Negligence of Stationary Truck Owner. Deceased Motorcyclist Not Contributorily Negligent; Compensation Enhanced Using Multiplier 9 Under Motor Vehicles Act, 1988.

26 Jul 2017

The appellant, Smt. Deokabai Vishnuji Helonde, widow of Vishnuji Helonde, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, se...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Deceased Driver's Own Negligence Bars Claim Under Section 163A of Motor Vehicles Act, 1988. Legal heirs of a driver who died in a collision caused by his own rash driving cannot claim compensation under Section 163A as the provision is intended for victims of accidents not involving the driver's own fault.

15 Jun 2017

The case involves an appeal by the New India Assurance Company Limited against an order of the Motor Accident Claims Tribunal, Nagpur, dated 23rd June...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

22 Sep 2016

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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