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Search Results for "rashness and negligence"

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High Court

High Court of Gujarat Allows Partly Appellant in Motor Accident Claim for Enhancement of Compensation. Quantum Enhanced by Adding Future Prospects, Pain and Suffering, Loss of Amenities, and Artificial Limb Under Motor Vehicles Act, 1988.

10 Mar 2026

The case arose out of a motor vehicle accident that occurred on 11.01.2017, when the appellant, Bharatbhai Mansukhbhai Rana, was struck by a rashly dr...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Claimant as Driver-cum-Owner Not Entitled to Compensation Under Section 163-A of Motor Vehicles Act, 1988. The court held that a claimant who is the driver-cum-owner of the offending vehicle cannot maintain a claim petition under Section 163-A of the Motor Vehicles Act, 1988, as the provision is intended for third parties and not for the owner/driver of the vehicle involved in the accident.

23 Jan 2023

The present appeal was filed by the Oriental Insurance Company Ltd. challenging the judgment and award dated 11.09.2014 passed by the Principal Senior...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation by Applying Correct Multiplier and Future Prospects. Contributory Negligence Finding Set Aside as No Evidence of Negligence by Deceased Driver.

8 Jan 2026

The case arises from a motor accident claim filed by the legal heirs of Hamirji Virchandbhai Thakor, who died in a vehicular accident on 2nd September...

High Court

Bombay High Court Enhances Compensation for Motor Accident Victim with Permanent Disability. Claimant awarded Rs. 2,00,000/- for injuries and loss of earning capacity under Motor Vehicles Act, 1988.

23 Jul 2019

The appellant, Tejabai w/o Vaijnath Suryawanshi, originally a claimant, filed a first appeal before the Bombay High Court seeking enhancement of compe...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim for Businessman with 50% Disability. Compensation enhanced from Rs. 3,50,000 to Rs. 9,27,000 by applying correct multiplier of 18, adding future prospects, and not deducting personal expenses.

11 Apr 2022

The appellant, Ramchand Kishnani, a businessman aged 42, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensatio...

High Court

Bombay High Court Partly Allows Appeal by NEKSRTC and Cross-Appeal by Claimants in Motor Accident Claim Case — Enhances Compensation for Death of Engineer in Bus Accident. The Court reassessed income, applied correct multiplier, added future prospects, and enhanced non-pecuniary damages under Motor Vehicles Act, 1988.

7 Dec 2023

The present appeals arise out of a judgment and award dated 10.02.2011 passed by the Motor Accident Claims Tribunal, Ambajogai, in Motor Accident Clai...

High Court

High Court of Bombay at Goa Dismisses Appeal by Claimants in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 Owing to Income Exceeding Statutory Limit. Claim Petition Filed Under Section 163-A Held Not Maintainable Due to Deceased's Annual Income Exceeding Rs. 40,000 Contrary to Second Schedule, and Conversion to Section 166 Not Permitted Because of Absence of Pleading Rashness and Negligence.

13 Oct 2010

The appeal arose from an order dated 12 March 2003 passed by the Motor Accident Claims Tribunal, Mapusa, dismissing Claim Petition No. 52 of 2000 file...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Deceased Khalasi Aged 28 Years — Future Prospects and Consortium Awarded Under Motor Vehicles Act, 1988. The court applied 40% future prospects, multiplier 18, and enhanced conventional heads as per Pranay Sethi, increasing compensation from Rs.4,43,360 to Rs.5,81,000.

7 Jan 2026

The appeal arises from a motor accident claim petition filed by the widow and children of Hasmukhbhai Chhaganbhai Padhiyar, who died in a road acciden...

High Court

High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof and Incorrect Multiplier Application. Claimant's Cross-Objection Dismissed as Tribunal's Award Was Not Inadequate Under Section 166 of Motor Vehicles Act, 1988.

20 Jan 2026

The case arises from a motor accident on 16.08.1992 when the original claimant, Kaushikbhai Dhansukhlal Shah, was riding his scooter on Makarpura Road...

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