Search Results for "earning capacity"

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Search Results for "earning capacity"

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High Court

High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim, Modifying Compensation for Consortium and Future Prospects. Tribunal's Income Assessment Upheld, but Award Enhanced for Loss of Consortium to Both Claimants and Future Prospects, with Interest from Claim Application Date Under Section 171 of Motor Vehicles Act, 1988.

27 Mar 2026

The appeal arose from a motor accident claim petition filed by the wife and son of the deceased, under Section 166 of the Motor Vehicles Act, 1988. Th...

High Court

High Court of Gujarat Partly Allows Appeal for Enhanced Compensation in Motor Accident Claim for Pillion Rider with Permanent Partial Disability. Income Assessed Based on Minimum Wages with Future Prospects and Enhanced Pain and Suffering Awarded.

22 Jan 2026

The appellant, Pravinbhai Champaklal Sangadiya, was a pillion rider on a motorcycle driven by opponent No.1, Champaklal Ramanlal, on 22.02.2002. The m...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Lack of Income Proof. Claimant's disability assessed at 10% whole body, but contributory negligence of 50% applied as accident occurred due to negligence of both rider and claimant.

13 Dec 2024

The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appe...

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Eye-Witness. Claimant entitled to compensation as rash and negligent driving established through documentary evidence and circumstances under Section 166 of Motor Vehicles Act, 1988.

15 Oct 2019

The appellant, Nitin Narayanrao Magar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Contributory Negligence Finding and Inadequate Compensation. The Court held that a passenger cannot be held guilty of contributory negligence merely because the bus driver was negligent, and applied correct multiplier and deductions as per settled law.

11 Sep 2019

The appeal arises from a judgment and award dated 25.3.1997 passed by the Motor Accidents Claims Tribunal, Satara in MACP No.414 of 1992. The appellan...

High Court

Bombay High Court Allows Second Appeal in Divorce Case, Sets Aside Decree Based on Irretrievable Breakdown of Marriage. Court holds that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955, and the lower appellate court erred in applying no-fault theory without framing issue under Section 23(1)(a).

20 Dec 2016

The appellant, Chitra Sachin Mapara, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

5 Dec 2015

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

High Court

High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Insurer Held Liable Despite Driver's Lack of License. Insurer Failed to Prove Willful Breach of Policy Conditions; Directed to Pay Compensation and Recover from Owner and Driver.

13 Aug 2015

The appellant, Harish Dhirajlal Bilakhiya, filed a claim for compensation under the Motor Vehicles Act, 1988, for injuries sustained in a motor vehicl...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds 50:50 Apportionment of Liability Between Two Vehicles. The court affirmed the Tribunal's finding of contributory negligence and compensation of Rs.20,00,000 for permanent disability under Section 166 of the Motor Vehicles Act, 1988.

16 Dec 2013

The case arises from a motor vehicle accident that occurred on Wardha Road National Highway No. 7 near Jamtha Fata, Nagpur. The claimant, Karim Khan, ...

High Court

Bombay High Court Enhances Compensation for Army Officer with 60% Permanent Disability in Motor Accident Claim. Claimant's loss of promotion prospects and future earnings considered under Motor Vehicles Act, 1988.

11 Dec 2013

The appellant, an Hon. Captain in the Indian Army, filed a claim petition before the Motor Accident Claims Tribunal, Nagpur, seeking compensation for ...

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