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Search Results for "insurance defence"

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High Court

High Court of Karnataka Dharwad Bench Hears Batch of Motor Accident Claims Appeals Against Awards of Additional MACT, Kumta. Claimants Seek Enhancement of Compensation and Insurers Challenge Liability in Multiple Motor Vehicles Act, 1988 Cases.

28 Mar 2019

The matter involves a batch of appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 31.12.2011 pass...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Penalty Set Aside as Employer Had Not Failed to Deposit Compensation Without Just Cause. Employer's delay in depositing compensation was due to pending insurance claim, not willful default, so penalty under Section 4A(3)(b) of Workmen's Compensation Act, 1923 is not automatic.

21 Dec 2005

The appellant, Ramalu Balkrishna Sagar, owned a truck (MH-31/W-4943) which was involved in an accident on 01.06.2001, resulting in the death of the dr...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

ARBITRATION PETITION NO.549 OF 2013

9 Jun 2017

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High Court

High Court of Karnataka Allows Employer's Appeal in Motor Accident Claim — Employer Not Liable for Employee's Personal Errand. The Court held that the employer cannot be held vicariously liable under the Motor Vehicles Act, 1988 when the employee was not acting in the course of employment at the time of the accident.

15 Jul 2021

The appeal was filed by M/s. ARRK Tooling Sermo India Pvt. Ltd. (formerly Perfect Moulds Ltd.) challenging the judgment and award dated 21.07.2010 in ...

High Court

High Court Adjudicates Appeal for Enhancement of Motor Accident Compensation — Loss of Income Assessment and Future Prospects Under Section 166 of the Motor Vehicles Act, 1988 Considered.

24 Jul 2020

This first appeal arises from the judgment and award dated 16.08.2004 passed by the Motor Accident Claims Tribunal, Ahmednagar in MACP No.822/2000, wh...

High Court

High Court of Karnataka Dismisses Appeals by Insurance Company and KSRTC in Motor Accident Claim, Upholds Compensation of Rs.15,12,000 for Death of Pillion Rider. Negligence of KSRTC Bus Driver Established; Insurance Company Liable to Pay Compensation with 9% Interest.

3 Sep 2020

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Sebastian Parekal, who died in a road acciden...

High Court

High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

12 Jan 2026

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Injured Cleaner. Notional Income Assessed at Rs. 4,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

23 Aug 2018

The appellant, Raju Narayan Ghodekar, a cleaner aged 30 years, was injured in a motor vehicle accident on 18th August 2011 when the truck in which he ...

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