Search Results for "Liability apportionment"

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Search Results for "Liability apportionment"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Motor Accident Claims — Apportionment of Liability Between Insurers Upheld. The court held that where two vehicles are involved in an accident, the liability of each insurer is to be apportioned based on the finding of contributory negligence, and the insurer of the offending vehicle cannot avoid liability on the ground that the other vehicle was also insured.

22 Aug 2024

This batch of miscellaneous first appeals arises out of a common judgment and award dated 29/9/2016 passed by the Principal Senior Civil Judge and Add...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Contributory to Accident.

24 Nov 2023

The case arises from a motor vehicle accident that occurred on 22.05.2011 at about 8.30 p.m. near Mallaghatta Gate, Kunigal Town, Tumkur District. The...

High Court

High Court of Karnataka Partially Allows Employer's Appeal and Dismisses Insurance Company's Appeal in Workmen Compensation Case — Employer Liable for 50% of Compensation Due to Lack of Insurance Coverage for Deceased Worker. The court upheld the apportionment of liability between employer and insurer but modified interest to apply only on employer's share from accident date.

2 Aug 2021

The case involves two appeals arising from a common judgment dated 28.10.2010 passed by the Labour Officer and Commissioner for Workmen Compensation, ...

High Court

Karnataka High Court Dismisses Writ Appeal in Electricity Connection Dispute - Precondition of Payment of Arrears Upheld. Subsequent purchaser of property cannot escape liability for arrears of electricity charges under Section 43 and Section 56 of Electricity Act, 2003.

6 Jul 2021

The appellant, OPG Power Generation Pvt. Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petition. The appel...

High Court

High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Apportionment of Liability Between Insurers Upheld Based on Contributory Negligence of Drivers.

10 Oct 2019

The case arises from a motor vehicle accident that occurred on 20.05.2013 involving a Honda Activa scooter (KA-18-S-6120) and another vehicle. The cla...

High Court

High Court of Karnataka Allows Claimant's Appeal and Dismisses Insurance Companies' Appeals in Motor Accident Claim Case — Apportionment of Liability Between Insurers Based on Breach of Policy Conditions. The court upheld the Tribunal's finding of composite negligence and apportionment of 50% liability each on the insurers, but enhanced compensation from Rs. 15,00,000 to Rs. 25,00,000 under Section 166 of the Motor Vehicles Act, 1988.

28 Mar 2019

The case arises from a motor accident that occurred on 15th June 2008 involving a truck and a car, resulting in the death of Unnikrishnan K Nair. The ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Negligence and Quantum of Compensation Reassessed. The court held the car driver solely negligent and enhanced compensation for injuries and death.

17 Dec 2018

The judgment arises from four appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 13.12.2013 pass...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Owner and Insurer Jointly Liable for Compensation. Tribunal's apportionment of liability between owner and insurer set aside; insurer directed to pay entire compensation with right to recover from owner due to breach of policy conditions.

12 Dec 2005

This judgment arises from three appeals against a common order dated 31/3/1987 passed by the Motor Accident Claims Tribunal. The appeals were filed by...

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