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Karnataka High Court Sets Aside MACT Award in Motor Accident Claim Due to Fraudulent Suppression and Unexplained Delay; Insurer's Appeal Allowed and Claimants' Appeal for Enhancement Dismissed. Medico-Legal Case Procedures Under CrPC Sections 39, 174 Highlighted to Emphasize Need for Genuine Claims.

The two appeals before the High Court of Karnataka, Dharwad Bench, arose from the judgment and award dated 03.01.2018 in MVC No.1932/2017 by the X Add...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. The court held that in the absence of proof of income, notional income should be applied and compensation reduced.

The judgment involves three miscellaneous first appeals filed by the Oriental Insurance Company against awards passed by the Motor Accidents Claims Tr...

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Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...