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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased Motorcyclist. No Contributory Negligence Found as Maruti Car Driver Was Solely Negligent, and Compensation Based on Income Tax Returns and Multiplier of 10 Was Proper.

The case arises from a motor accident on 7th August 1994, when Rajendra, the deceased, was riding a Hero Honda motorcycle and was hit by a Maruti car ...

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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Finding Against Pillion Rider. Pillion rider cannot be attributed contributory negligence for driver's fault; insurer liable for full compensation under Motor Vehicles Act, 1988.

The appeal was filed by the original claimants, the widow and minor children of the deceased Hanumant, against the judgment and order dated 13 July 19...

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Gujarat High Court Allows Appeal and Remands Motor Accident Claim for Fresh Adjudication — Tribunal Erred in Dismissing Petition on Ground of Unproven Pillion Rider Status Without Deciding Negligence or Compensation.

The appellant, Thakor Sureshji Hajurji, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.5,00,000/- for injuries s...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for riding without helmet and causing accident, reducing compensation by half.

The case arises from a motor accident on 22.12.2015 where the deceased, Dahyabhai Umedsinh Parmar, was riding a motorcycle with two pillion riders whe...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Supreme Court Upholds State Rules on Motor Vehicle Alteration Over Central Prototype Norms. Kerala Motor Vehicle Rules permit structural alterations with registering authority's approval, overriding Central Motor Vehicle Rules' restriction on deviation from prototype test.

The case involved a conflict of judicial opinion in the Kerala High Court regarding the permissibility of structural alterations to motor vehicles tha...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...