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Search Results for "not wearing helmet"

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High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Claim — Compensation Reduced Due to Contributory Negligence and Lack of Proof of Income. The court held that the claimant, a pillion rider, was guilty of contributory negligence for not wearing a helmet and that the income assessed by the Tribunal was excessive without evidence.

4 Nov 2024

The case involves two appeals arising from a motor accident claim. The claimant, Muniyappa, was a pillion rider on a motorcycle that met with an accid...

High Court

High Court of Karnataka Enhances Compensation for Injured Pillion Rider in Motorcycle Accident — Reduces Contributory Negligence from 20% to 10%. The court held that a pillion rider cannot be attributed negligence without evidence of his own fault, and awarded enhanced compensation under various heads under the Motor Vehicles Act, 1988.

15 Apr 2024

The appellant, Sri R. Kishore Kumar, a 22-year-old pillion rider, sustained grievous injuries in a road accident on 20.08.2018 due to the rash and neg...

High Court

High Court of Bombay Partially Allows Insurance Appeal in Motor Accident Claim — Income Assessment Upheld but Provident Fund Not Deductible; Consortium Award Extended to Minor Children. The court held that oral evidence can establish income, provident fund is not deductible, and minor children are entitled to consortium.

5 Feb 2024

The appeal was filed by the Branch Manager of Reliance General Insurance Company Ltd. against the judgment and order of the Motor Accident Claims Trib...

High Court

Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

5 Oct 2023

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

High Court

Bombay High Court Partly Allows BEST Appeal in Motor Accident Claim, Reduces Compensation for Loss of Earning Capacity Due to Lack of Evidence of Permanent Disability. The Court held that without medical evidence of functional disability, compensation for loss of earning capacity cannot be granted under Section 173 of the Motor Vehicles Act, 1988.

5 Oct 2023

The case involves an appeal by the Bombay Electric Supply and Transport Undertaking (BEST) against a judgment and award of the Motor Accident Claims T...

High Court

Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

20 Apr 2023

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

High Court

High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence. The court held that the deceased was contributory negligent for not wearing a helmet, reducing the insurer's liability by 50% under the Motor Vehicles Act, 1988.

8 Sep 2022

The case arises from a motor accident claim petition filed by the legal representatives of Surendra Naik (deceased) who died in a road traffic acciden...

High Court

Bombay High Court Acquits Appellant in Kidnapping Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 363 and 365 IPC set aside as sole identification by witnesses was doubtful and no independent corroboration of recovery of child.

4 Nov 2020

The appellant, Aditya Sham Chaturvedi, was convicted by the Additional Sessions Judge, Pune, under Sections 363 and 365 read with Section 34 of the In...

High Court

Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Testimony of Interested Witness. Conviction under Section 302 IPC set aside as sole eyewitness was a relative with enmity and evidence lacked corroboration.

30 Jan 2020

The appellant, Khushal @ Anant Chindu Bhunde, was convicted under Section 302 read with Section 34 IPC for the murder of Subhash Somaji Bandal. The pr...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is not liable to pay the entire compensation and the claimants are entitled to reduced amount.

30 Nov -0001

The case arises from a motor accident claim. The appellant, New India Assurance Company Ltd., challenged the award of the Motor Accident Claims Tribun...

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