Search Results for "rashness and negligence"

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Search Results for "rashness and negligence"

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High Court

Bombay High Court Dismisses Union of India's Appeal in Motor Accident Claim — Ex-Parte Award Upheld Due to Lack of Sufficient Evidence to Challenge Negligence Finding. Station Diary Entry Held to Have Only Corroborative Value, Not Substantive Evidence, Under Indian Evidence Act, 1872.

24 Oct 2024

The case arises from a motor accident claim filed by Dnyaneshwar Mangesh Bagkar (claimant) against the Union of India (appellant) as owner of the offe...

High Court

High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Travelling in Goods Vehicle as Unauthorized Passenger. Insurance Company Not Liable for Breach of Policy Conditions Where Deceased Was a Gratuitous Passenger in a Goods Vehicle.

16 Jan 2026

The case arises from a motor accident claim where the deceased, Daulatsinh Lalsinh Kaplethiya, died in a tempo accident on 20.10.2000. The claimants, ...

High Court

High Court of Gujarat Enhances Compensation for Injured Claimant in Motor Accident Case — Tribunal's Award Modified for Future Loss of Income and Pain & Suffering. Claimant, a labourer aged 40, sustained grievous injuries in a truck accident; court awarded Rs.1,00,000/- with interest under Motor Vehicles Act, 1988.

18 Mar 2026

The appellant, Bhalabhai Lunjabhai Bhil, filed a First Appeal before the High Court of Gujarat at Ahmedabad against the judgment and award dated 09.10...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. The court upheld the principle of 'pay and recover' under Section 149 of the Motor Vehicles Act, 1988, holding the insurer liable to pay compensation to third-party victims even if the driver lacked a valid license.

7 Sep 2020

The present appeal was filed by the United India Insurance Co. Ltd. (the appellant) challenging the judgment and award dated 18-08-2005 passed by the ...

High Court

High Court of Bombay at Goa Enhances Compensation in Motor Accident Claim — Deceased was a gratuitous passenger in a truck; Tribunal's award of Rs.75,000/- enhanced to Rs.1,50,000/- with interest. Notional income of deceased assessed at Rs.1,500/- per month and multiplier of 15 applied under Motor Vehicles Act, 1988.

16 Sep 2010

The appellants, parents of the deceased Narendra Datta Dessai, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for the...

High Court

Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — No Contributory Negligence and Multiplier of 15 Upheld. Deceased pedestrian aged 45 years; Tribunal's award under Section 166 Motor Vehicles Act, 1988 confirmed as appellant failed to prove contributory negligence and multiplier applied as per Sarla Verma.

6 May 2013

The appellant, Maharashtra State Road Transport Corporation Limited (MSRTC), owner of a ST bus involved in an accident, challenged the award of compen...

High Court

High Court of Karnataka Upholds Compensation in Motor Accident Claim Despite Absence of Driving License Evidence — Insurance Company Liable to Pay and Recover from Owner. The Court directed the Insurance Company to pay the awarded compensation to the claimants and then recover the same from the owner of the vehicle under Section 149(2) of the Motor Vehicles Act, 1988.

1 Jun 2026

The appeal was filed by United India Insurance Co. Ltd. challenging the award dated 16.02.2018 passed by the XV Additional Small Causes Judge & Member...

High Court

High Court of Bombay at Nagpur Upholds Insurance Company's Liability in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — No Requirement to Prove Negligence for Compensation Under Structured Formula.

24 Dec 2013

The appellant, United India Insurance Co. Ltd., challenged the judgment and award dated 26.11.2012 passed by the Motor Accident Claims Tribunal, Yavat...

High Court

Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

24 Sep 2019

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

High Court

High Court of Bombay at Nagpur Bench Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Death of Student. The court affirmed the Tribunal's award of Rs. 4,50,000 with interest, rejecting the Insurance Company's plea of breach of policy conditions and contributory negligence.

21 Aug 2015

The case arises from a motor accident claim petition filed by the parents of Rajesh, a 19-year-old student who died in a road accident on 4-5 July 199...

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