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Search Results for "unauthorized driver"

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High Court

Madras High Court Upholds Insurance Company's Liability in Load Auto Accident — Pay and Recover Principle Applied. The court held that the insurer must compensate the claimant for the death of a minor occupant of a goods vehicle, despite policy violations, and can recover from the owner.

2 Jun 2026

The case arises from a motor accident claim filed by the mother of a deceased minor, Suryaprakash, who died after falling from a load auto on 01.04.20...

High Court

High Court of Gujarat Allows Insurance Company's Appeal in Tractor Accident Case — Pay and Recovery Order Set Aside. The Court held that the Tribunal exceeded its jurisdiction by directing the insurer to pay and recover compensation for an unauthorized passenger in a goods vehicle, as the risk was not covered under Section 147 of the Motor Vehicles Act, 1988.

15 Jan 2026

The case involves an appeal by The New India Assurance Company Limited against the judgment and award dated 08.02.2022 passed by the Motor Accident Cl...

High Court

Madras High Court Adjudicated Insurer's Appeal Against MACT's Compensation Award for Leg Amputation in Truck Accident; Insurer Argued Negligence Not Proven and Policy Coverage Limited to Driver.

19 Feb 2025

The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable Despite Invalid Driving Licence Due to Lack of Causal Connection. Owner Not Required to Pay Compensation Where Insurer Fails to Prove That Licence Breach Caused Accident.

4 Aug 2023

The case involves two appeals filed by the owner of a vehicle, Sri Vijayakumar, against the judgment and award of the Motor Accidents Claims Tribunal ...

High Court

High Court of Bombay Allows Appeal in Part and Enhances Compensation in Motor Accident Claim — Insurance Company Liable for Third-Party Risk Despite Alleged Breach of Policy Conditions. Parents of Deceased Awarded Enhanced Compensation with Interest Under Motor Vehicles Act, 1988.

7 Mar 2022

The case arises from a motor accident claim filed by the parents of Shreyans Udaybabu Shah, who died in a car accident on 23.02.2013. The deceased was...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case Due to Erroneous Deduction of Personal Expenses and Incorrect Multiplier Application. The Court held that for a bachelor deceased, deduction of 1/2 towards personal expenses is correct, multiplier should be based on age of deceased (16 for age 25), and 40% future prospects should be added as per Pranay Sethi.

21 Jan 2020

The appeal arises from a judgment and award dated 4.2.2012 passed by the I Addl. Senior Civil Judge and Addl. MACT, Dharwad in MVC No.512/2008. The cl...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

4 Dec 2018

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

High Court

Bombay High Court Upholds Conviction of Driver for Culpable Homicide in Drunk Driving Case — Confiscation of Vehicle Set Aside. The court held that the driver's rash and negligent driving while intoxicated causing death falls under Section 304-II IPC, but the owner's vehicle cannot be confiscated without notice under Section 452 CrPC.

10 Sep 2015

The judgment pertains to two appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/2012 date...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

27 Sep 2013

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

3 Mar 2010

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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