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Search Results for "motor vehicle claims"

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High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Sets Aside Liability Due to Violation of Policy Conditions. Owner's Failure to Produce Valid Driving Licence and Vehicle's Use Beyond Permitted Route Constitute Fundamental Breach of Policy Terms Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

24 Jun 2024

The case arises from a motor accident claim filed by the legal representatives of the deceased, Pruthviraj M, who died in a road accident involving a ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Claimants failed to establish negligence of driver and income of deceased, leading to reduction in award.

25 Nov 2022

The case involves multiple appeals arising from a motor accident claim. The accident occurred on 10.02.2014 when a motorcycle ridden by Devarajegowda ...

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 Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

19 Dec 2019

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Lack of Driving License Due to Absence of Evidence of Willful Breach. Compensation Enhanced from Rs. 1,00,000 to Rs. 1,50,000 with 6% Interest.

23 Feb 2018

The appellant, Rathnamma, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident in...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Subsequent Petition Under Section 22 of Employee's Compensation Act, 1923 Maintainable Despite Dismissal of Earlier Motor Vehicles Act Claim on Ground of Self-Negligence. The Court held that the two Acts operate in different fields and the dismissal of the earlier petition does not bar a claim under the Employee's Compensation Act.

1 Aug 2017

The case involves an appeal filed under Section 30 of the Employee's Compensation Act, 1923 (formerly Workmen's Compensation Act) by the legal represe...

High Court

High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Owner of Vehicle Cannot Claim Compensation as Third Party Under Own Insurance Policy. The court held that the deceased, being the owner and insured of the auto rickshaw, cannot be treated as a third party for claiming compensation under the Motor Vehicles Act, 1988.

23 Sep 2016

The present appeal was filed by the United India Insurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, B...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation as Claimant Was a Gratuitous Passenger on a Goods Vehicle. The court held that the insurer is not liable to indemnify the owner of a goods vehicle when the injured person was traveling as a gratuitous passenger, as the policy does not cover such risk.

28 Mar 2016

The case involves an appeal by the National Insurance Co. Ltd. against the judgment and award of the Motor Accidents Claims Tribunal (MACT) at Shimoga...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Cobbler/Agricultural Labourer. Insurer Liable Jointly and Severally with Driver and Owner for Rs.2 Lacs with 9% Interest Under Motor Vehicles Act, 1988.

21 Aug 2015

The appellant, New India Assurance Company Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award...

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 ...

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