Search Results for "Motor Vehicles Act 1988 Section 140"

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Search Results for "Motor Vehicles Act 1988 Section 140"

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High Court

High Court of Karnataka Partly Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence of Claimant as Pillion Rider Not a Ground to Reduce Compensation Under Section 173(1) of Motor Vehicles Act, 1988. The court held that the pillion rider cannot be held negligent for the accident caused by the rider, and enhanced compensation from Rs.1,70,680/- to Rs.2,68,680/- with interest at 6% per annum.

12 Jul 2023

The case involves two appeals arising from a motor accident claim. The claimant, Kishore Kumar, a 21-year-old salesman, was a pillion rider on a motor...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal Against No Fault Liability Award in Motor Accident Claim. The court held that the award under Section 140 of the Motor Vehicles Act, 1988 is a summary proceeding and cannot be challenged on grounds of contributory negligence or absence of valid driving license.

28 Jun 2021

The appeal was filed by the Oriental Insurance Company challenging the judgment and award dated 26.06.2010 passed by the Fast Track Court-II and Addit...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.19,30,000 for Death of Ganeshan. Negligence of Driver of Insured Vehicle Established, and Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

14 Oct 2020

The appeal was filed by the Regional Manager of National Insurance Company Limited against the judgment and award dated 22.09.2016 passed by the IX Ad...

High Court

Bombay High Court Allows Appeal by Western Coalfields Limited in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Jeep Owner Not Liable for Full Compensation as Deceased Employee's Negligence Contributed to Accident.

26 Jul 2019

The case arises from a motor accident that occurred on 13 August 2004, when Sandeep Gupta, an employee of Western Coalfields Limited (WCL), was drivin...

High Court

Bombay High Court Allows Insurance Company's Appeal Against Interim Compensation Award Under Section 140 of Motor Vehicles Act, 1988 — No Fault Liability Cannot Be Determined Without Prima Facie Evidence of Accident Involvement. The Court held that the Tribunal must record satisfaction about the involvement of the insured vehicle before granting interim compensation under Section 140 of the Motor Vehicles Act, 1988.

4 Jul 2019

The present appeal was filed by Bajaj Allianz General Insurance Co. Ltd. (the original respondent No.2) challenging the order dated 16.10.2010 passed ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence Not Required for Structured Compensation. Court holds that for claims under Section 163-A, the claimant need not prove negligence; the 'arising out of use' requirement is satisfied if the vehicle was involved in the accident, even if the collision was not the direct cause of death.

27 Jun 2017

The case arises from a motor accident claim filed by the parents and sister of Dinesh Kadam, a 22-year-old lift mechanic who died on 11 April 2007 aft...

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

High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Deceased Motorcyclist's Contributory Negligence Not Established; Compensation of Rs. 2,50,000 Upheld Under Motor Vehicles Act, 1988.

23 Jul 2013

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 17/8/2004 passed by the Motor Ac...

High Court

High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Apportionment of No Fault Liability Set Aside. Insurer of the vehicle in which deceased was a cleaner held not liable for interim compensation under Section 140 of Motor Vehicles Act, 1988.

19 Jun 2012

The case arises from a motor accident that occurred on 17/11/2009 on Wani-Yavatmal Road involving two trucks: one bearing registration no. MH34/M/6271...

High Court

Bombay High Court Allows Petition for Interim Compensation Under Section 140 of Motor Vehicles Act, 1988 — No-Fault Liability Principle Applied. Tribunal's Order to Hear Application on Merits Set Aside as Premature; Interim Compensation Directed to Be Paid Within Four Weeks.

17 Dec 2011

The petitioner, Meenakshi @ Meena Ashok Jondhale, filed a writ petition before the Bombay High Court challenging an order of the Motor Accident Claims...

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