Search Results for "Section 163A"

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Search Results for "Section 163A"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Applies Amended Section 163A Second Schedule Enhancing Compensation Limit to Rs. 5 Lakhs. The court, relying on K.R. Jagdish v. National Insurance Co. Ltd. 2025 ACJ 1881, held that the beneficial amendment enhancing compensation from Rs. 1 lakh to Rs. 5 lakhs applies retrospectively to pending appeals.

9 Mar 2026

The present appeal was filed by the original claimants, Jashmatbhai Hardasbhai Vora and another, under Section 173 of the Motor Vehicles Act, 1988, ag...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Under Section 163A, Corrects Multiplier Error. No Fault Liability Provision Does Not Require Proof of Negligence; Multiplier Must Be Based on Victim's Age.

8 Jun 2020

The case arises from a motor accident claim filed by the mother of a 28-year-old deceased who was a pillion rider. The Motor Accident Claims Tribunal ...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

1 Jan 2026

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim — Tractor Accident During Agricultural Work Entitles Claimant to Compensation Under Section 163A of Motor Vehicles Act, 1988. Court holds that use of tractor for threshing wheat is incidental to agriculture and claimant is a third party entitled to compensation.

25 Feb 2026

The appellant, Prahladbhai Punjabhai Solanki, was the original claimant in a motor accident claim petition under Section 163A of the Motor Vehicles Ac...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Son Driving Father's Car Without Valid Licence Not a Third Party Under Section 163-A of Motor Vehicles Act, 1988. Claimant Mother Not Entitled to Compensation as Deceased Was Owner's Son and Not a Third Party, and Driving Without Licence Breached Policy Conditions.

18 Nov 2019

The present appeal was filed by the insurance company, Royal Sundaram Alliance Insurance Co. Ltd., challenging the judgment and award dated 31.03.2015...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Multiplier Corrected from 13 to 16 for Deceased Aged 38 Years. Future Prospects and Conventional Heads Enhanced as Per Sarla Verma and Pranay Sethi Guidelines.

25 Sep 2017

The appellants, legal representatives of deceased Shrimant Ghuge, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the a...

High Court

High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Insurer's Liability Despite Lapsed Driving License. Claimants awarded Rs.8,52,000/- for death of 45-year-old coolie, applying multiplier of 13 and notional income of Rs.4,500/- per month under Motor Vehicles Act, 1988.

21 Feb 2024

The case arises from a motor vehicle accident that occurred on 21.01.2007 involving a lorry bearing registration No.KA-18/553. The deceased, Sundara N...

High Court

High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim Under Section 163A of Motor Vehicles Act — Reduces Future Prospects and Non-Pecuniary Damages. The structured formula under the Second Schedule does not permit future prospects or excessive non-pecuniary damages.

10 Mar 2016

The case arises from a motor accident claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by the legal representatives of the dec...

High Court

Bombay High Court Enhances Compensation for Injured Police Constable in Motor Accident Claim Under Section 163A Motor Vehicles Act. Permanent Disability of 45% Leads to Recalculation of Compensation Using Multiplier Method, Setting Aside Inadequate Tribunal Award.

11 Dec 2013

The appellant, Vilas Bagde, a police constable, was injured in a motor vehicle accident on 23 January 1995 when a jeep dashed his scooter. He sustaine...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation Based on Actual Income Under Section 163A of Motor Vehicles Act, 1988. The court held that the structured formula under Section 163A read with Schedule II is mandatory but actual income of the deceased must be used for computation, not notional income.

17 Sep 2013

The appellant, The Oriental Insurance Co. Ltd., challenged the judgment and award dated 18 November 2009 passed by the Motor Accident Claims Tribunal,...

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