Search Results for "liability apportionment"

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Search Results for "liability apportionment"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163A — Negligence Apportionment Impermissible in No-Fault Liability Regime. The court held that in a claim under Section 163A of the Motor Vehicles Act, 1988, the Tribunal cannot apportion negligence or deduct compensation on account of contributory negligence, as it is a no-fault liability provision.

5 Feb 2026

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 2...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A, Holding Negligence Assessment Impermissible and Additional Premium Coverage Binding on Insurer. The court set aside the Tribunal's deduction of compensation on account of contributory negligence and directed payment of full structured formula compensation.

6 Jan 2026

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case Due to Negligence of Truck Driver and Proper Application of Multiplier. The Court set aside the finding of contributory negligence and recalculated compensation using correct multiplier and future prospects under Motor Vehicles Act, 1988.

23 Aug 2025

The case arises from a motor accident that occurred on 20.12.2013 involving a truck and a motorcycle. The deceased, Prakash Jadhav, was riding a motor...

Supreme Court

Supreme Court Allows Appeals in Motor Accident Claim Case, Sets Aside Contributory Negligence Finding Against Passengers. The Court held that the principle of contributory negligence cannot be applied to passengers or their legal heirs when the driver of the car was not negligent in a manner that could be attributed to them.

20 Sep 2024

The case arises from a motor accident on 18th August 2013, where a car collided with a 14-wheeler trailer truck abandoned in the middle of a highway w...

High Court

Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

28 Apr 2023

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

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 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 for Injured Claimants in Motor Vehicle Accident Case — Apportionment of Liability Between Owner and Insurer Upheld. Claimants awarded enhanced compensation for injuries sustained in a road accident under Section 173(1) of the Motor Vehicles Act, 1988.

1 Sep 2017

The case involves multiple miscellaneous first appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award date...

High Court

Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

16 Jul 2015

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...

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