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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163A — Negligence Apportionment Impermissible in No-Fault Liability Regime. The court held that in a claim under Section 163A of the Motor Vehicles Act, 1988, the Tribunal cannot apportion negligence or deduct compensation on account of contributory negligence, as it is a no-fault liability provision.

5 Feb 2026

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 2...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163-A MV Act — Reduces Negligence Deduction from 70% to 50%. Section 163-A is a no-fault provision where contributory negligence cannot be assessed; compensation must be awarded as per structured formula without deduction for negligence.

23 Jan 2026

The present appeal was filed by the original claimants, Kokilaben Vinubhai Parmar and another, under Section 173 of the Motor Vehicles Act, 1988, chal...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A, Holding Negligence Assessment Impermissible and Additional Premium Coverage Binding on Insurer. The court set aside the Tribunal's deduction of compensation on account of contributory negligence and directed payment of full structured formula compensation.

6 Jan 2026

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

High Court

High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule.

21 Jul 2022

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the M...

High Court

High Court of Karnataka Dharwad Bench Considers Insurance Company and Claimant Appeals Against MACT Award Under Section 163A of Motor Vehicles Act. Dispute Centers on Maximum Compensation Payable for Deceased Motorcycle Rider and Pillion Rider's Death.

1 Oct 2020

Background: The appeals arose from two motor accident claim petitions filed under Section 163A of the Motor Vehicles Act, 1988 before the Motor Accide...

High Court

Karnataka High Court Reduces Compensation in Motor Accident Claims for Rider of Motorcycle Under Section 163A of Motor Vehicles Act. Rider Held Not Entitled to Full Compensation as Liability Limited to Contractual Personal Accident Cover of Rs.1,00,000.

1 Oct 2020

The case involved a fatal motorcycle accident on 08.12.2007 where the rider lost control and collided with a roadside stone, resulting in the death of...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available. The Court held that under Section 163A of the Motor Vehicles Act, 1988, the defence of contributory negligence is not available to the insurer and the Tribunal's award based on the structured formula cannot be interfered with.

28 Apr 2020

The appellant, IFFCO-TOKIO GIC Ltd., an insurance company, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Son Driving Father's Car Without Valid Licence Not a Third Party Under Section 163-A of Motor Vehicles Act, 1988. Claimant Mother Not Entitled to Compensation as Deceased Was Owner's Son and Not a Third Party, and Driving Without Licence Breached Policy Conditions.

18 Nov 2019

The present appeal was filed by the insurance company, Royal Sundaram Alliance Insurance Co. Ltd., challenging the judgment and award dated 31.03.2015...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeals Against Section 163A Awards — Claim Petitions Under Section 163A Are Maintainable Even If Negligence Is Not Proved. The court held that Section 163A of the Motor Vehicles Act, 1988 provides a no-fault liability scheme, and therefore, claim petitions under this section are maintainable without proof of negligence.

30 Nov 2018

The High Court of Karnataka, Kalaburagi Bench, disposed of two appeals filed by the United India Insurance Company Limited challenging the awards pass...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

5 Dec 2015

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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